Also known as: harbor · harbors · harbored · harbour · harbouring
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The act of providing lodging, shelter, or refuge to a fugitive or other person sought by law enforcement authorities.
The act of providing lodging, shelter, or refuge to a fugitive or other person sought by law enforcement authorities.
Officers arrested Hector Hernandez inside his home on an outstanding warrant. They noticed movement in an upstairs closet and heard whispers suggesting another person was present. Believing the area harbored an individual who might pose a danger, the officers conducted a limited sweep of spaces where a person could hide and located an armed associate.
Hope Howard, a defense attorney, told reporters that her client was being unfairly targeted and that she would continue to harbor him at her office during the investigation. The disciplinary board charged her with violating the trial publicity rule, but the court found the rule's safe-harbor language unconstitutionally vague as applied to her largely political statements.
The maintenance or keeping of a wild animal or an abnormally dangerous domestic animal on one's premises or under one's control.
Hunter Hughes kept a lion on his rural property even though he did not have physical possession of the animal at all times. When the lion escaped and injured a neighbor's child, the court held Hughes subject to the same strict liability that would apply to an actual possessor.
Henry Harrison harbored a large domestic dog that had never shown dangerous tendencies. After the dog bit a delivery person because Harrison failed to secure the gate, the court imposed liability only upon a showing that Harrison was negligent in preventing the harm.
The maintenance or keeping of a wild animal or an abnormally dangerous domestic animal on one's premises or under one's control.
Each sense below has its own examples, sources, and questions.
Hassan Hakim allowed a crew member to stay aboard his vessel after learning the man was evading authorities. When the vessel sank, the estate of a deceased passenger sued under a maritime wrongful-death theory, alleging that Hakim's act of harboring contributed to the unsafe conditions.
The Model Penal Code requires that the actor knowingly harbor or conceal the fugitive with the purpose of hindering apprehension. The act of providing shelter alone is insufficient without the culpable mental state directed at evading law enforcement.
Officers may conduct a protective sweep beyond the arrestee's immediate control when they have a reasonable belief, based on specific and articulable facts, that the area harbors an individual posing a danger to officers or others.
Harbor Shipping stored chemicals on its dock while also harboring several guard dogs that had no known vicious propensities. After a spill occurred, a neighboring railroad sued, claiming the dogs' presence increased the risk of harm during cleanup operations.
No. Under Restatement (Second) of Torts § 514, one who harbors a wild or abnormally dangerous domestic animal is subject to the same strict liability as a possessor even if the harborer lacks physical possession of the animal.
Yes. Restatement (Second) of Torts § 518 imposes liability for harm caused by a domestic animal that the harborer does not know or have reason to know is abnormally dangerous only if the harborer intentionally causes the harm or is negligent in failing to prevent it.
…determination to the contrary, a corporate executive could reasonably interpret the disclosure requirements as establishing safe harbors. In California, for example, the disclosure statute defines "material" damage to a motor vehicle as damage requiring repairs costing in excess of 3 percent of the suggested retail price or…