MBE Rules · Torts
Strict liability — abnormally dangerous activities
The rule
Strict liability for harm from abnormally dangerous activities. Factors: (1) high risk of harm, (2) likelihood of great harm, (3) inability to eliminate risk by reasonable care, (4) not a matter of common usage, (5) inappropriate for location, (6) value to community outweighed by danger.
In plain English
If someone does something really risky and unusual that could cause serious harm, they might be responsible for any damage, even if they were careful.
Worked example
A company sets off fireworks in a crowded city area for a private event. Despite taking safety measures, a firework malfunctions and causes a fire. The company is strictly liable for the damage.
Memory hook
Dangerous = Liability. High risk, can't control, not common, wrong place, risk outweighs value.
The trap
Students think: Any dangerous activity is strict liability. Wrong, because it must be abnormally dangerous. The actual test is the six-factor analysis.
How examiners test it
The MBE loves: fireworks in a residential area. Question: strict liability? Trap: assuming all risks are covered. Focus on location and inability to make safe.
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