Abnormally Dangerous Activity

Question 1

Abnormally Dangerous Activity

Answer 1

To win strict liability case for abnormally dangerous activities, P must show:
(i) D was engaged in abnormally dangerous activity
* (a) activity must create foreseeable risk of serious harm EVEN WHEN reasonable care is exercised
* (b) activity is not one of common usage in community

(ii) dangerous aspect of activity was actual/proximate cause of injury

(iii) P suffered damage to person/property (NOT economic loss)

Ex. A power substation likely is not abnormally dangerous activity because while high voltage electricity can cause serious injury or death, the substation can be operated and maintained without a foreseeable risk of serious harm as long as the operator exercises the degree of care appropriate to that activity. Furthermore, substations are an integral part of the power grid that delivers electricity to communities and would thus be considered a matter of common usage in the community.

Strict liability never applies to economic loss

Question 2

Defenses

Answer 2

Traditional Contributory Negligence (minority)
* P’s contributory negligence is NOT a defense

Unreasonable Assumption of Risk
* P’s unreasonable and voluntary assumption of risk is complete defense and bars P’s recovery

Comparative Negligence (majority of states)
* P’s damages reduced in accordance with P’s negligence