torts question
Posted: Fri Nov 25, 2011 4:11 pm
is there a difference between abnormally dangerous and ultahazardous (in strict liability)?
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Yes. Standard now (2nd restatement) is "abnormally dangerous", which seems to be a bit less strict than the old (1st restatement) "ultrahazardous."hoping5 wrote:is there a difference between abnormally dangerous and ultahazardous (in strict liability)?
I think the 2nd restatement gives 6 factors to consider whether it is abnormally dangerous. Usually it's stuff like blasting, operating a nuclear power plant, and stuff along those lines.hoping5 wrote:but the third restatement says, (3rd R, 20)
a) Activity creates a foreseeable and highly significant risk of physical harm ebem when reasonable care is exercised by all actors; and
b) The activity is not a matter of common usage
Which definition of abnormally dangerous governs?