Also known as: serious violations
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A use of another's chattel that substantially interferes with the owner's right to control its use. Such interference supports liability for conversion even without physical damage or permanent dispossession.
A use of another's chattel that substantially interferes with the owner's right to control its use. Such interference supports liability for conversion even without physical damage or permanent dispossession.
Select any source to read its text and confirm it supports the definition.
A violation of workplace safety standards that creates a substantial probability that death or serious physical harm could result from the hazard.
Select any source to read its text and confirm it supports the definition.
A violation of workplace safety standards that creates a substantial probability that death or serious physical harm could result from the hazard.
Each sense below has its own examples, sources, and questions.
Sophia Singh lent her limited-activation forensic software dongle to Sterling Dynamics solely to test compatibility on one litigation matter. The firm instead processed data for multiple paying clients over several months, exhausting all remaining activations. Singh could no longer use the dongle for her own expert work, and the firm returned the device physically intact.
Crown Steel permitted Midnight Steel to use its crane for two days on one building project. Midnight Steel instead moved the crane across town, rented it to a third party for a weekend bridge job, and returned it the following Monday in good condition. Crown Steel had no immediate need for the crane during that period.
No. The rule focuses on whether the defendant's use seriously violates the owner's right to control the chattel. Prolonged unauthorized commercial exploitation that exhausts a limited-activation license or alters performance characteristics can satisfy the standard even when the item is returned intact.
Supporting sources
No. The initial limited permission can be exceeded by subsequent conduct that substantially interferes with control rights. Courts examine the scope of permission, duration and intensity of use, and impact on the owner's ability to exercise control.
Supporting sources
Spectrum Financial left a large floor opening unguarded on an active construction site. An employee fell through and suffered a permanent back injury. The Secretary cited the company for a serious violation because the condition created a substantial probability of death or serious physical harm.
A serious violation exists when there is a substantial probability that death or serious physical harm could result from the hazard. The focus is on the severity of potential injury rather than the likelihood of an accident occurring.
Supporting sources
…that respondent was the only supervisor disciplined for violations committed by his subordinates; that similar and even more serious violations committed by respondent's co-workers were either disregarded or treated more leniently; and that Powell manufactured the final verbal confrontation in order to provoke respondent into…