Overview
If a plaintiff is injured because the defendant was engaging in an activity deemed to be abnormally dangerous, the plaintiff can bring a strict liability action against the defendant. This means that the person or persons engaging in the abnormally dangerous activity are liable for any injuries this activity causes, even if the defendant was in no way negligent.
Important Requirement
It is important to remember that in a strict liability action based on an abnormally dangerous activity, the accident or injury must stem from what makes the activity abnormally dangerous to begin with.
Example 1: I’m carrying around a briefcase containing live explosives (which would be deemed an abnormally dangerous activity I assume). I sit down on a park bench and carelessly toss the briefcase on the ground a few feet in front of me. Moments later a jogger who is running by trips over my briefcase and suffers a sprained ankle (the explosives did not detonate). Would the jogger have a valid claim against me in strict liability? NO. The explosives (which are what make this activity abnormally dangerous) had nothing to do with the jogger’s injury. The jogger would have suffered the same injury if the briefcase contained something completely harmless, such as bar exam books.
Example 2: I’m carrying around a briefcase containing live explosives. I sit down on a park bench and very carefully place the briefcase on the ground right next to me, trying to make sure I don’t set them off. However, the explosives do go off and injure a jogger who is running by. Would the jogger have a claim against me in strict liability in this instance? YES. The risk that the explosives in my briefcase would well, explode, is precisely what makes this activity abnormally dangerous.
Carefully Read What The Question Is Asking (As Always)
In example 1, the jogger might have a negligence claim against me because I carelessly tossed the briefcase in the path of the jogger. However the question is asking about a strict liability action based on an abnormally dangerous activity, not negligence.
In a torts question always make sure to determine whether the question is asking you about a specific type of action. Strict liability and negligence are two separate causes of action. Once you determine that you are dealing with strict liability based on an abnormally dangerous activity, determine whether the accident or injury actually stems from what makes the activity abnormally dangerous in the first place.