Ultrahazardous activity.html



Tort law

Part of the common law series

Intentional torts

Assault · Battery False imprisonment Intentional infliction of emotional distress (IIED) Consent · Necessity Self defense

Property torts

Trespass (land · chattels) Conversion Detinue · Replevin · Trover

Dignitary torts

Defamation · Invasion of privacy False light · Breach of confidence Abuse of process Malicious prosecution Alienation of affections

Economic torts

Fraud · Tortious interference Conspiracy · Restraint of trade

Nuisance

Public nuisance Rylands v. Fletcher

Negligence

Duty of care · Standard of care Proximate cause · Res ipsa loquitur Calculus of negligence Rescue doctrine · Duty to rescue

Specific types Negligent infliction of emotional distress (NIED) Employment-related · Entrustment Malpractice (legal · medical)

Duty to visitors

Trespassers · Licensees · Invitees Attractive nuisance

Strict liability torts

Product liability Ultrahazardous activity

Liability, defences, remedies

Comparative / contributory negligence Last clear chance · Eggshell skull Vicarious liability · Volenti non fit injuria Ex turpi causa non oritur actio Neutral reportage · Damages Injunction

Other common law areas

Contract law · Property law Wills, trusts and estates Criminal law · Evidence

v • d • e

An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others from being injured. In the Restatement of the Law 2d, Torts 2d, the term has been abandoned in favor of the phrase "inherently dangerous activity."

There are several categories of activities which are commonly recognized as being ultrahazardous, and therefore subject those who engage in them to strict liability. These include:

• Transportation, storage, and use of dynamite and other explosives
• Transportation, storage, and use of radioactive materials
• Transportation, storage, and use of certain hazardous chemicals
• Keeping of wild animals (i.e. animals that are not normally domesticated in that area)
  • Note that in this context domesticated does not merely refer to animals that are commonly bred and raised in captivity, such as alligators.
• Keeping of domesticated animals that have a known propensity for dangerous behavior (e.g., keeping a dog that has attacked people before)

A person who is injured by one of these ultrahazardous activities while trespassing on the property of the person engaged in the activity is barred from suing under a strict liability theory. Instead, they must prove that the property owner was negligent.

In the United Kingdom, this area of law is governed by the rule established in Rylands v Fletcher.

Factors determining an activity is ultrahazardous:¹

1. The relative possibility of harm.
2. The level of seriousness of potential harm.
3. The level of activity – most persons would not regularly engage in ultrahazardous activities.
4. If the possibility of harm is decreased with the utmost care.
5. Whether the risk of the activity outweighs its social value.
6. Inappropriateness of the activity in the area it is commenced.

References

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