Section 39 Ultra-Hazardous Activity
| Library | Damages 2012 |
The ultra-hazardous activity theory requires no proof of negligence or fault and allows for recovery of punitive damages. The Restatement (Second) of Torts § 519 (1977) states that a party “who carries on an abnormally dangerous activity is subject to liability for harm to the person, land or chattels of another resulting from the activity, although he has exercised the utmost care to prevent
the harm.” There are several factors listed in § 520 of the Restatement (Second) of Torts to determine whether an activity is abnormally dangerous. See also Fletcher v. Conoco Pipe Line Co., 129 F. Supp. 2d...
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