Hazardous Activities

Question 1

Hazardous

Answer 1

An actor who carries on an abnormally dangerous activity is subject to strict liability for physical harm resulting from the activity; ex: blasting, using explosive or flammable materials, oil well drilling, and crop dusting
a) One who maintains an abnormally dangerous condition on their premises, or engages in an activity presenting an unavoidable risk of harm to others, may be liable for harm caused even though reasonable care was exercised
b) An activity is considered abnormally dangerous if it creates a foreseeable and highly significant risk even when reasonable care is exercised and is not a matter of common usage
c) Must consider seriousness and frequency of the harm

Question 2

Absolute duty

Answer 2

Owed to make safe abnormally dangerous activities and the duty is owed only to foreseeable plaintiffs and only for harm that flows from the normally dangerous propensity of the activity - FORESEEABILITY

Question 3

Absolute duty is imposed

Answer 3

a) Whether the activity involves a high degree of risk
b) The gravity of that risk
c) Whether the risk can be eliminated by the exercise of reasonable care
d) Whether the activity is appropriate to the locale
AND
e) The value of the activity to the community