Ultrahazardous Activity - Categories of Ultrahazardous Activity

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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