25 N.Y.2d 11, 302 N.Y.S.2d 527, 250 N.E.2d 31 (N.Y. 1969)
Spano v. Perini Corp.
Can a plaintiff recover for property damage caused by blasting without proving negligence or a physical trespass by debris onto the plaintiff's property?
A person who engages in blasting is strictly liable for property damage proximately caused to neighboring property, even in the absence of negligence and even if there is no physical invasion by debris. Prior contrary New York precedent, including the rule of Booth v. Rome, Railway & Power Co., is overruled.
Yes. The court held that those who engage in blasting must assume responsibility and are liable without fault for property damage to neighboring premises caused by the blasting, regardless of negligence or physical trespass.
Spano is the leading New York case establishing strict liability for blasting damage and is frequently cited in discussions of abnormally dangerous activities. It aligns New York with the Restatement approach and the majority of jurisdictions by eliminating the requirement of negligence or physical trespass for recovery. For law students, Spano illustrates policy-based reasoning in tort law, the limits of fault-based liability, and the doctrinal migration from negligence to strict liability where risks cannot be eliminated by due care. It also serves as a platform for exam analysis of ultrahazardous activities, causation proof in blast cases, and the interplay of strict liability with defenses and damages.