Restatement (Second) of Torts · Section § 520
An overview of the liability for abnormally dangerous activities as outlined in Restatement (Second) of Torts § 520.
Source: Restatement Restatement (Second) of Torts § § 520
A party who engages in an abnormally dangerous activity is subject to liability for harm to the person, land, or chattels of another resulting from the activity, even if the actor has exercised the utmost care to prevent such harm.
This section states that if someone conducts an activity that is considered inherently dangerous, they can be held legally responsible for any damages that occur, regardless of how careful they were. It applies even if traditional negligence standards are met.
The abnormally dangerous activity is one that carries a high risk of serious harm.
Liability does not depend on negligence or intention, only on the nature of the activity.
Illustration 1
Blasting operations lead to damage in a neighboring property; the blaster is liable even if they took precautions.
Illustration 2
Storing hazardous chemicals on a property leading to accidental release resulting in damage to nearby property.
The case established strict liability for any harm caused by the escape of substances from an abnormally dangerous activity.
Section 520 is crucial for establishing liability in cases involving abnormally dangerous activities, allowing plaintiffs to recover damages without proving negligence. It serves as a deterrent to engaging in activities that risk significant harm to others.