California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
A construction company was using dynamite to clear a rock formation on its private property, located in a sparsely populated rural area. Despite taking all reasonable precautions and following all safety regulations, a nearby farmhouse sustained significant structural damage from the concussive force of the blast. The farmhouse owner sued the construction company. Which of the following is the most likely basis for liability?
- AStrict Liability, because dynamite blasting is an abnormally dangerous activity.
- BTrespass to Land, due to the physical invasion of the concussive force.
- CNegligence, due to the inherent danger of dynamite.
- DNuisance, due to the unreasonable interference with the use and enjoyment of property.
Show answer & explanationAnswer & explanation
Correct answer: A. Strict Liability, because dynamite blasting is an abnormally dangerous activity.
Dynamite blasting is almost universally considered an abnormally dangerous activity, which triggers strict liability. This means liability attaches even if the defendant exercised the utmost care and was not negligent, as long as the harm resulted from the dangerous activity.
Why the other options are wrong
- B. While concussive force could be argued as a physical invasion for trespass, strict liability for abnormally dangerous activities is the more direct and universally accepted basis for liability in blasting cases.
- C. Negligence is not the basis here, as the facts state 'all reasonable precautions' were taken, indicating no breach of duty.
- D. Nuisance typically involves ongoing, unreasonable interference; while present, strict liability is a more precise fit for a single, high-risk event like blasting.
Strict Liability: Abnormally Dangerous Activities
Liability without fault for harm resulting from activities that are abnormally dangerous, even if all reasonable care was exercised.
- Activity creates a foreseeable and highly significant risk of harm.
- Risk cannot be eliminated by reasonable care.
- Activity is not a matter of common usage in the community.
Memory trick: Strict liability is for 'A(bnormally) D(angerous) P(roducts) W(ild) A(nimals)' where fault doesn't matter.