Section 13.24 What Constitutes "Inherently Dangerous"

• Library: Tort Law 2016

3. (§13.24) What Constitutes "Inherently Dangerous"

There is substantial authority for the position that the question of whether particular work is "inherently dangerous" is generally a question of fact for the jury. See:

· Donovan v. Gen. Motors, 762 F.2d 701, 703 (8 ^th Cir. 1985)

· Schultz & Lindsay Constr. Co. v. Erickson, 352 F.2d 425, 436 (8 ^th Cir. 1965)

· Hatch v. V.P. Fair Found., Inc., 990 S.W.2d 126, 134 (Mo. App. E.D. 1999)

· Floyd v. Benson, 753 S.W.2d 945, 948 (Mo. App. S.D. 1988)

· 1 STUART M. SPEISER ET AL., THE AMERICAN LAW OF TORTS § 4:28, p. 699 (1983)

· 41 AM. JUR. 2D Independent Contractors § 80 (1995)

To make a submissible case under the inherently dangerous activity doctrine, the plaintiff must present evidence that:

(1) performance of the contract necessarily involves some inherently dangerous activity;

(2) the activity which caused the damage was

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