Warning
Info
Warning
Info
Simple English definitions for legal terms
danger-creation doctrine
Read a random definition: ownership-in-place theory
A quick definition of danger-creation doctrine:
The danger-creation doctrine is a theory that says if a state does something that puts someone in danger, and that person is then harmed by someone else, the state may be responsible for the harm. This is different from the usual rule that says the state is not responsible for harm caused by someone else. It's like if a teacher puts a student in a dangerous situation and another student hurts them, the teacher might be responsible for the harm.
A more thorough explanation:
The danger-creation doctrine is a legal theory that holds a state responsible for harm caused by a third party if the state's actions put someone in danger. This is an exception to the general rule that the state is not liable for injuries caused by third parties.
For example, if a state builds a road with a dangerous curve and fails to put up warning signs, and a car accident occurs as a result, the state may be held liable for the harm caused by the accident.
Another example is if a police officer places a person in a dangerous situation, such as leaving them alone in a high-crime area without protection, and that person is subsequently harmed by a third party, the state may be held responsible for the harm caused.
The danger-creation doctrine is an important exception to the general rule of state immunity and helps to ensure that the state is held accountable for its actions when they put citizens in harm's way.