Strict Liability - Abnormally Dangerous Activities Flashcards
What does Restatement 2nd of Torts Section 519 state?
One who carries on an abnormally dangerous activity is subject too liability for harm to the person, land or chattels of another resulting from the activity, although he has exercised the utmost care to prevent harm.
What does Restatement 2nd of Torts Section 520 state?
This lists the factors to be considered when determining if an activity is abnormally dangerous:
1) Existence of a high degree of risk of harm to the person or land of another;
2) Likelihood that the harm that results will be great;
3) Inability to eliminate the risk by the exercise of reasonable care;
4) Extent to which the activity is not a matter of common usage;
5) Inappropriateness of the activity to the place where it is carried on; and
6) Extent to which its value to the community is outweighed by its dangerous attributes.
What is the difference between ‘abnormally dangerous’ and ‘ultrahazardous’?
Abnormally dangerous activities can be abnormally dangerous under certain situations but not during other certain situations. However, ultrahazardous activities are always ultrahazardous. No matter the surrounding situations.
What factors will the court consider when determining if an activity is abnormally dangerous?
1) Existence of a high degree of risk of harm to the person or land of another;
2) Likelihood that the harm that results will be great;
3) Inability to eliminate the risk by the exercise of reasonable care;
4) Extent to which the activity is not a matter of common usage;
5) Inappropriateness of the activity to the place where it is carried on; and
6) Extent to which its value to the community is outweighed by its dangerous attributes.
How many of the factors, under Section 520, must be fulfilled for an activity to be abnormally dangerous?
Not all of them must be fulfilled. It all depends on the situation. In addition, the court tends to put more weight on factor 3 than the rest.
what is the common law natural vs. unnatural use of an item test pursuant to Rylands v. Fletcher?
If the defendant, for his own purposes, brings something onto his land that is not a natural use of the item or the land, they will be liable if it escapes and causes damage to another or their land. However, if that item they bring onto their land is a natural use of the item or the land, then they will not be strictly liable.
What is the modern application of the natural vs non-natural rule?
The defendant is liable when he damages another by a thing or activity unduly dangerous and inappropriate to the place where it is maintained, in the light of the character of that place and its surroundings.
What are activities commonly considered to be abnormally dangerous?
1) Blasting in urban areas;
2) Transportation and Storage of Toxic or flammable chemicals;
3) Crop dusting;
4) Fumigation;
5) Testing of rockets;
6) Fireworks displays.
