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Understanding the Concept of an Imminently Dangerous Article in Law
Definition & Meaning
An imminently dangerous article is a product that poses a clear risk to life or physical safety when it is made or used improperly. This definition is based on the understanding that certain items, while not inherently hazardous, can become dangerous due to negligence in their manufacturing or handling. For instance, a plumber's furnace could be considered an imminently dangerous article if it is faulty and poses a risk of harm.
Table of content
Legal Use & context
This term is relevant in various legal contexts, particularly in tort law, where issues of product liability arise. When a manufacturer, seller, or supplier provides an imminently dangerous article, they have a legal obligation to ensure the product is safe for use. Users may need to utilize legal forms related to product liability claims or safety compliance to address issues surrounding such articles.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A faulty gas furnace that leaks carbon monoxide can be classified as an imminently dangerous article, as it poses a serious risk to users' health and safety.
Example 2: A defective power tool that can cause serious injury if not properly designed or manufactured is another instance of an imminently dangerous article. (hypothetical example)
State-by-state differences
State
Key Differences
California
Strict liability applies to imminently dangerous articles.
Texas
Emphasizes negligence over strict liability in certain cases.
New York
Allows for claims based on implied warranty of safety.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Defective Product
A product that is unsafe due to flaws in design, manufacturing, or marketing.
Focuses on inherent safety issues rather than the conditions of use.
Negligent Product Liability
Liability arising from failure to exercise reasonable care in product safety.
Negligence must be proven, unlike strict liability for imminently dangerous articles.
Common misunderstandings
What to do if this term applies to you
If you believe you have encountered an imminently dangerous article, consider the following steps:
Document any evidence of the product's condition and any incidents that occurred.
Consult with a legal professional to discuss your situation and potential claims.
Explore ready-to-use legal forms from US Legal Forms to assist with any necessary claims or complaints.
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