Abnormaly Dangerous Activities
General Rule: One who engages in an abnormally dangerous (ultra-hazardous) activity is strictly liable for all damages that result from the risks which made the activity abnormally dangerous. What is abnormally dangerous? In determining whether an activity is abnormally dangerous, courts consider: 1. the seriousness of the risk inherent in the activity 2. whether the activity is a matter of common usage 3. the extent to which the activity’s value outweighs its dangerous attributes.
Plaintiff will argue that the activity is strict liability while the Defendant will argue that the activity is not strict liability.
1. Storage, shipment or use of: 1. large quantities of liquid 2. toxic materials 3. explosive or highly volatile material
2. common usage in the community (to what extent does the populous engage) maybe common for industry but that is not the issue, is it how many people in the community are involved inthe activity.
3. In the community
Balancing act to negate strict liability.
Hypo Small rural town, 300 families, 200 farms, all hire crop dusters, 2 crop dusters to spray the 1 farm but the spary spreads to a neighboring farm causing harm. Negligence or Strict liability?
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