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Torts • Strict Liability
TORT#069
Legal Definition
An activity is abnormally dangerous when: (1) it creates a foreseeable risk of serious harm, even when reasonable care is exercised by all; and (2) it is not a common activity in the community.
Plain English Explanation
Many activities are dangerous. Driving a car, for example, can cause substantial harm to people and property. But driving a car is also pretty normal, and if you are a reasonably careful driver, then the risk of causing harm is relatively low. Some activities, though, are so inherently dangerous that they still pose great risk to others even if everyone engaging in the activity is super careful.
For example, a mining company that regularly uses explosives to blast rocks is an abnormally dangerous activity, and it is foreseeable that no matter how hard the mining company may try to prevent harm, materials may be blasted far from their property and cause harm to others.
In general, the types of activities to keep a lookout for on exams will involve storing, using, or moving explosives, chemicals, radiation, or other super-obviously-dangerous items.
For example, a mining company that regularly uses explosives to blast rocks is an abnormally dangerous activity, and it is foreseeable that no matter how hard the mining company may try to prevent harm, materials may be blasted far from their property and cause harm to others.
In general, the types of activities to keep a lookout for on exams will involve storing, using, or moving explosives, chemicals, radiation, or other super-obviously-dangerous items.
