Categories of Ultrahazardous 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.
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