Torts II

Restatement Second of Torts § 520


Abnormally Dangerous Activities

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In determining whether an activity is abnormally dangerous, the following factors are to be considered:

  1. existence of a high degree of risk of some harm to the person, land or chattels of others;
  2. likelihood that the harm that results from it 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.