Thursday, January 5, 2012

Ultrahazardous Activities and the Law

Ultrahazardous activities present interesting liability issues.  (The Second Restatement of Torts uses the phrase"abnormally dangerous" instead of the more traditionally used "ultrahazardous.")  Torts caused by ultrahazardous activities may be brought under a theory of strict liability.

Tort claims brought under a theory of strict liablity are commonly defended under theories that show the plaintiff assumed some risk of the ultrahazardous activity.  However, contributory negligence is not an applicable defense or mitigating factor to a case brought under a theory of ultrahazardous strict liability.

Types of ultrahazardous activities include: use of explosives, demolitions, use of radioactive materials, keeping of wild animals, use of hazardous chemicals, keeping domesticated animals who are known to be dangerous.

If you or a family member have questions concerning an injury or loss related to an ultrahazardous activity, contact an attorney at Law Offices of Adam J. Zayed, P.C. at 312.726.1616.


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