Section 16.4 Whether an Activity Is Ultrahazardous or Abnormally Dangerous Is Initially a Question of Law, but Ultimately a Question of Fact
| Library | Tort Law 2016 |
B. (§16.4) Whether an Activity Is Ultrahazardous or Abnormally Dangerous Is Initially a Question of Law, but Ultimately a Question of Fact
According to the Restatement, whether an activity is ultrahazardous is a question of law for the court to decide. RESTATEMENT (SECOND) OF TORTS § 520 cmt. l (1977). But Missouri law holds that this issue is initially a question of...
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