Liability Theories for Ultra-Hazardous Activities

Strict liability is applicable for Ultra hazardous activity. These activities are ones in which are ones in which are so abnormal that ordinary care cannot eliminate the potential risk of harm. Similar to Negligence and Products Liability, Strict liability does not require the proof of duty and breach. The liability is imposes even if the care was reasonable. The courts determine whether the activity is Ultra hazardous. Some examples of Ultra hazardous activity include are firing a large rocket motor, Oil well drilling, and the use of explosives in any given residential area.

In proving a claim for Ultra hazardous activity, the burden may shift to the defendant. This is done in order for the to absolve themselves from liability or to show another defendant may be responsible. For example, if the accident is one in which it is probably a result of someone else's negligence, Res Ipsa Loquitor may be used by the trier of fact to allow the defendant to show another party is responsible. In addition, Alternative Liability may also be established if the plaintiff can prove several plaintiffs owed them a duty of care and each were a possible cause to the injury. Market Share Liability can be utilized in a narrow range of cases involving defective products. Here, an injured plaintiff may impose liability on multiple manufacturers. The burden shifts to the defendant manufacturers and if each one liable they share the liability damages.

Dangerous Conditions on Public Property

There is immunity available for dangerous conditions that are found on public property. The requirements are set out under Gov. C§835 that makes government entities liable only for certain injuries that are proximately caused by a dangerous condition. The condition must (1) create a substantial risk, (2) existed at time of injury, (3) proximately caused by injury, and (4) risk must have been reasonably foreseeable.

Depending on the type of incident, the public entity may be held responsible. However, there are immunities available to government entities that absolve liability. First, immunity is available for weather conditions on roads. Second, there is immunity available for failure to provide traffic lights, warning signs, and road markings [ Gov.C.§830.4]. Finally, there is an addition defense for public entities for design immunity under Gov.C.§830.6. A design defense occurs when the dangerous condition arises from the plan or design of a construction to public property.

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