Legal Definitions - abnormally dangerous activity

An abnormally dangerous activity refers to an undertaking that is so inherently risky and unusual that the person or company conducting it can be held responsible for any harm it causes, even if they took every reasonable precaution to prevent an accident.

For an activity to be considered "abnormally dangerous" in the eyes of the law, it generally must meet two key criteria:

• It is not of common usage: This means the activity is unusual or uncommon in the community where it takes place. It's not something that many people regularly do or encounter as part of everyday life.
• It creates a foreseeable and highly significant risk of physical harm, even when reasonable care is exercised: The activity carries a substantial potential for serious injury or property damage, and this danger cannot be entirely eliminated, no matter how careful or diligent the person conducting the activity is. The risk is inherent to the nature of the activity itself.

If a court determines that an activity is abnormally dangerous, the person or entity carrying it out will be subject to strict liability for any physical harm that results. This means they are legally responsible for the harm, regardless of whether they were negligent or at fault. The focus is on the dangerous nature of the activity itself, rather than the conduct of the person performing it.

Here are some examples to illustrate this concept:

• Operating a private facility that houses large, exotic, and dangerous animals: Imagine a wealthy individual who keeps a collection of lions, tigers, and bears on their expansive rural property, even with robust enclosures and professional animal handlers. While they might invest heavily in secure cages, veterinary care, and emergency protocols, the inherent danger of these wild animals escaping or causing harm remains significant. This activity is not common for most property owners, and despite all reasonable care, the risk of serious injury or death if an animal escapes is high. If a tiger were to escape and injure a neighbor, the owner would likely be held strictly liable because keeping such animals is an abnormally dangerous activity.

• Conducting a large-scale commercial fireworks display: A professional company is hired to put on a spectacular fireworks show for a public holiday celebration in a park. They follow all safety regulations, establish a wide perimeter, and have trained pyrotechnicians. However, due to the explosive nature of fireworks, there is always an inherent, albeit small, risk of a malfunction, an uncontrolled explosion, or falling debris causing injury or property damage to spectators or nearby structures. This is not an everyday activity, and the potential for significant harm exists even with expert precautions. If an unexpected malfunction causes a fire in a nearby building, the fireworks company could face strict liability.

• Transporting large quantities of highly volatile industrial chemicals through a populated area: A specialized trucking company is contracted to move a tanker full of extremely flammable liquid industrial gas from a manufacturing plant to a distribution center, a route that passes through parts of a town. The company uses specially designed vehicles, highly trained drivers, and adheres to all hazardous material transportation regulations. Despite these precautions, the sheer volume and volatility of the cargo mean that an accident, such as a collision or a leak, could lead to a catastrophic explosion or toxic release, causing widespread harm. This type of transport is not a common occurrence for most communities, and the inherent risk of severe damage is significant even with the utmost care. Should an incident occur, the trucking company would likely be strictly liable for the resulting harm.