LAW 512-001 – Torts II
Abnormally Dangerous Activity
The majority of jurisdictions follow the rule from Rylands, which provides that those who use, or permit others to use, land for the conduct of abnormally dangerous activities are strictly liable for resultant damages.
To determine if an activity is abnormally dangerous, courts generally impose two requirements:
- The activity must create a foreseeable risk of serious harm even when reasonable care is exercised by all actors.
- The activity is not a matter of common usage in the community.
The majority of states have strict liability for blasting.
Less Important Examples
These activities are sometimes found to be abnormally dangerous, but some are sometimes not:
- Transportation and storage of toxic chemicals and flammable liquids
- Pile driving
- Crop dusting
- Rocket testing
- Fireworks displays
- Plutonium production
- Hazardous waste disposal
- Oil well operation
- Storage of large quantities of liquids
An overwhelming majority is against strict liability for the sale of firearms.
There is no strict liability for the acts of a third party over whom the defendant has no control even if the defendant's activity is subject to strict liability.