Also known as: substantial risks
Written by attorneys · grounded in primary & secondary sources — see below
A probability of harm or adverse consequence that is considerable in magnitude rather than trivial or remote.
Sierra Santos sued Stonehaven Properties for breach of a development contract. Sentinel Security held a security interest in the same parcel but was not joined. The court found that proceeding without Sentinel would leave Stonehaven subject to a substantial risk of facing conflicting judgments from separate actions.
Sylvia Santos was approached by an undercover officer who repeatedly offered to supply materials for an illegal scheme and assured her the conduct was overlooked in the area. The methods created a substantial risk that persons not already inclined to offend would commit the crime.
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Sydney Santos faced an attacker wielding a heavy pipe and swinging it at her head. She responded with a single strike using a metal rod. The force threatened a substantial risk of fatal consequences and therefore qualified as serious bodily harm under the governing standard.
Selena Singh received a large punitive damages verdict against a manufacturer for a defective product. The reviewing court examined whether the award reflected a substantial risk of arbitrary outcomes arising from the absence of meaningful constraints on jury discretion.
Santiago Sanchez challenged a statute permitting abortion when physicians found a substantial risk that the child would be born with serious physical or mental abnormalities. The provision was upheld as a legitimate ground for termination under the regulatory framework.
Sarah Sullivan, a police officer, shot a fleeing burglary suspect who posed no immediate threat. The court held the use of deadly force unconstitutional because the officer lacked belief in a substantial risk that the suspect would cause death or serious injury if apprehension were delayed.
A substantial risk exists when the defendant consciously disregards an obvious probability that the owner will lose the property. Intent is satisfied if the planned dealing creates that level of exposure rather than a remote chance of loss.
Serious bodily harm includes any injury that creates a substantial risk of fatal consequences or produces permanent loss of an important bodily function. The focus is on the gravity of potential results rather than the degree of force actually applied.
Entrapment occurs when official methods of persuasion create a substantial risk that persons other than those ready to offend will commit the crime. The test examines whether the inducement would likely cause a law-abiding person to act unlawfully.
A person must be joined if their absence would leave an existing party subject to a substantial risk of incurring double or inconsistent obligations. The court orders joinder to prevent that exposure from materializing.
…pregnant woman or any existing children of her family, greater than if the pregnancy were terminated," or (b) "that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped." The Act also provides that, in making this determination, "account…