Restatement (Second) of Torts · Section § 519
Overview of § 519 of the Restatement (Second) of Torts concerning liability for harm caused by ultra-hazardous activities.
Source: Restatement Restatement (Second) of Torts § § 519
One 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.
Section 519 establishes that individuals or entities engaged in activities deemed abnormally dangerous are strictly liable for any resulting harm, regardless of the precautions they take. This principle emphasizes the inherent risks of certain activities that pose a significant threat to others.
The definition of abnormally dangerous activities includes factors such as the existence of a high risk of harm, the likelihood that the harm will be great, and whether the activity is uncommon in the community.
Even with the highest degree of care exercised, liability may still attach due to the nature of the activity itself.
Illustration 1
A company that stores explosives on its premises is held strictly liable for any damage caused by an accidental explosion.
Illustration 2
A farmer using a highly toxic pesticide that drifts to a neighboring property and causes harm is liable despite taking precautions.
This English case is often cited in discussions of strict liability and sets a foundational precedent for abnormally dangerous activities.
This case illustrated the application of strict liability principles when an inherently dangerous situation resulted in injury.
Understanding § 519 is crucial for practitioners dealing with cases involving hazardous activities, as it shifts the burden of proof regarding negligence. It provides a framework for liability that ensures those undertaking risky activities are accountable for any resulting harm, encouraging more careful practices in industries associated with high risks.