Strict Liability: Abnormally Dangerous Activities
If you engage in abnormally dangerous activities, you’re strictly liable for any foreseeable harm they cause.
How do you know if an activity is abnormally dangerous?
- Nature of the risks. The bigger and more probable the risks of physical harm are despite reasonable safeguards, the more likely the activity is abnormally dangerous.
- Nature of the activity. And the more uncommon the activity, the lower its community value, and the more inappropriate its location, the more likely it’s abnormally dangerous.
- Example. Exploding a beached whale with 20 cases of dynamite.