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Abnormally dangerous activity

Definition

A category of activity for which a judge may determine is abnormally dangerous and, thus, subject to strict liability.   If the activity creates a risk of serious injury to the land or chattels of the plaintiff or to the plaintiff himself and this risk cannot be eliminated through the exercise of due care, and the particular activity is not generally performed in that particular physical area.

 

Joe Corp. is a contractor assigned to re-pave a small patch of concrete outside of Myron Taylor Hall on the campus of Cornell.  Joe Corp. thinks it can save money by using dynamite to quickly blast out the old piece of concrete. In blasting, several law students are injured by flying concrete.  Held: Joe Corp. would likely by liable to the law students in strict liability because Joe Corp. created a serious risk to the law students in using dynamite, this risk cannot be eliminated through exercising due care because no matter what Joe Corp does to contain the blast there is a serious possibility that passers-by will be injured.  Additionally, people don't usually blast things with dynamite outside of areas where students walk back and forth in their way to class.