Also known as: endanger · endangers · endangered · endangering
Written by attorneys · grounded in primary & secondary sources — see below
Conduct or a state of affairs that exposes a person or property to risk of physical harm, death, or serious injury to health or welfare. The concept requires a showing of serious exposure rather than trivial or speculative risk.
Eugene Ellsworth operated heavy machinery on his industrial lot without barriers or warnings. A trespasser wandered onto the property and suffered severe injuries when struck by falling debris from the ongoing work. The court examined whether Ellsworth carried on his activities in a manner that created the risk of harm to the intruder.
Esther Eisenberg sought to modify custody after her ex-spouse moved their child into a unit with transient tenants who used drugs openly and engaged in nightly violence. Affidavits described the seven-year-old sleeping in that environment while school and family remained nearby. The court assessed whether the present setting seriously threatened the child's physical and emotional health.
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Elena Estrada set a fire at her own warehouse to collect insurance proceeds after doubling the policy. The blaze spread smoke into an adjacent occupied apartment building before firefighters contained it. Prosecutors evaluated whether the conduct recklessly placed residents in danger of death or bodily injury.
Edgar Evers ran a demolition business on his lot and continued blasting operations even after learning that individuals regularly crossed the unfenced boundary. A trespasser suffered blast-related injuries during one such event. The analysis focused on whether Evers carried on his activities without regard for the risk to those entering the area.
Ezra Eastman filed to modify custody only fourteen months after the decree, supported by affidavits that the child was left alone overnight during the custodial parent's swing shifts. The seven-year-old had no adult supervision for extended periods. The court determined whether the affidavits established a basis to believe the current environment seriously endangered the child's safety.
Ewan Eckhart sold a used forklift to a small contractor knowing the brakes were faulty and provided no warning. A worker operating the equipment suffered crushing injuries when the brakes failed during a lift. The inquiry centered on whether the supplier knew or had reason to know the chattel would endanger those expected to use it.
A party must submit affidavits giving the court reason to believe the child's present environment may seriously endanger physical, mental, moral, or emotional health. The usual two-year waiting period does not apply once that threshold is met.
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No. The standard focuses on whether the current environment creates a serious risk of harm to the child's physical, mental, moral, or emotional health. Ongoing exposure to drugs, violence, or lack of supervision can satisfy the requirement even without prior injury.
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A defendant charged with arson for the purpose of collecting insurance may avoid liability under that subsection if the conduct did not recklessly endanger any building or occupied structure of another or place any person in danger of death or bodily injury.
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Liability arises when the possessor fails to carry on activities so as not to endanger trespassers, subject to the exceptions in Restatement sections 334 through 339 for known constant intruders or artificial conditions.
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…effect upon [their] marital happiness" because they are forced to "the choice of refraining from normal sexual relations or of endangering Mary Doe's health through a possible pregnancy." Their claim is that sometime in the future Mrs. Doe might become pregnant because of possible failure of contraceptive measures, and at that…