Also known as: safes · safe harbor · safe conduct
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A condition or state free from danger or risk of harm to persons or property.
A secure container, such as a wall safe, that constitutes a separately secured portion of a structure.
Each sense below has its own examples, sources, and questions.
A condition or state free from danger or risk of harm to persons or property.
Select any source to read its text and confirm it supports the definition.
Selena Singh, a tenant in an apartment building owned by Stonehaven Properties, slips on an icy walkway in the building's courtyard that remains under the landlord's control. Singh sustains injuries and sues for breach of the landlord's obligation regarding areas maintained for tenant use. The court holds the landlord liable because it failed to keep the common area safe and in repair.
Sebastian Santos enters land owned by Sapphire Technologies without permission to retrieve a lost item. Santos steps into an unmarked excavation pit and is injured. Santos sues alleging the owner failed to put the land in a reasonably safe condition. The court grants summary judgment to the owner because no duty exists to make the land safe for trespassers.
Sophia Singh mails an acceptance of an offer from a distant offeree but uses an incomplete address that omits the zip code. The letter arrives after the offer has lapsed. Singh claims the acceptance was operative upon dispatch. The court holds the acceptance ineffective because Singh failed to take precautions ordinarily observed to insure safe transmission of similar messages.
The landlord must keep those areas safe and in repair. This duty applies to common areas maintained for the use and benefit of tenants unless the lease validly provides otherwise.
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The duty arises with respect to invitees and other entrants for whom the possessor has a duty of care. No such duty exists toward trespassers except in limited circumstances involving constant intrusion or attractive nuisance.
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A secure container, such as a wall safe, that constitutes a separately secured portion of a structure.
Select any source to read its text and confirm it supports the definition.
Samuel Soto enters a dwelling at night and forces open a locked wall safe inside the bedroom to remove cash and jewelry. The prosecution charges burglary based on the forced entry into the safe. The court rules that breaking into the safe does not satisfy the breaking element because the safe is merely a container located within the dwelling rather than the structure itself or a separately secured portion of it.
No. The breaking must result in entry into the structure itself or a separately secured portion of it. Breaking into a container such as a wall safe located within the dwelling does not meet this requirement.
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…and pregnant, that she wished to terminate her pregnancy by an abortion performed by a competent licensed physician under safe clinical conditions, that she was unable to get a legal abortion in Texas because her life did not appear to be threatened by the continuation of her pregnancy, and that she could not…
…Salinger v. United States , 272 U. S. 542, 544; United Surety Co. v. American Fruit Product Co. , 238 U. S. 140; De Bearn v. Safe Deposit & Trust Co. , 233 U. S. 24, 33-34. [^maj-2]: These First Amendment liberties — freedom of speech, press and religion — provide a graphic illustration of the potential restrictive…
…not be permitted. This is all the more crucial because Lucas argued strenuously in the trial court that his land was perfectly safe to build on, and that his company had studies to prove it. Tr. 20, 25, 36. If he was correct, the Council's final decision would have been to alter the setback line, eliminating the…
…opportunity to examine the internal mechanism of the car. He must rely upon the manufacturer to produce a car that is reasonably safe
…from such a requirement. In formulating a disclosure standard, States may also consider other goals, such as providing a "safe harbor" for automobile manufacturers, distributors, and dealers against lawsuits over minor repairs.[^maj-14] We may assume, arguendo , that it would be wise for every State to adopt Dr. Gore's…
Sofia Stern, counsel in a high-profile case, issues a press statement that draws public attention to the proceedings. The state bar charges Stern with violating a trial publicity rule. Stern defends by pointing to a vague safe harbor permitting statements without elaboration. The court finds the safe harbor unconstitutionally vague and dismisses the charge because it fails to give fair notice.
Sterling Dynamics leases a retail space to a tenant that admits the public. A customer entering the space trips on a loose floorboard that existed when the tenant took possession. The customer sues the landlord. The court imposes liability on the landlord because it knew of the unreasonable risk, expected public admission before repair, and failed to make the condition safe.
An acceptance sent by mail is operative upon dispatch only if it is properly addressed and the sender takes the precautions ordinarily observed to insure safe transmission of similar messages.
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A vague safe harbor such as permission for statements without elaboration fails to give fair notice of what speech is allowed and creates a risk of discriminatory enforcement against protected political speech.
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A landlord is liable when it leases property for a purpose involving public admission, knows or should know of an unreasonable risk, expects the tenant to admit the public before repair, and fails to exercise reasonable care to discover or remedy the condition.
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