House of Lords agree there should be SL. Theory – – “non-natural use”; different principle than Natural vs. Non- mischief rule. Natural Use: if non-natural use & escape occurs & injury results = SL; non-reciprocal risks: risk flowing one-way; posing no danger; if reciprocal, then could be negligent. Economic reasoning: favoring existing user over new user; 1st party made investment in the area & that shouldn’t be jeopardized by a subsequent party that enters & puts the 1st investment at risk gets injured through non-natural use Thomalen v. Marriott Corp: on π Court non-natural use was brought on property, but did not property; – escape & injure someone off the property; someone on the property was injured; NO SL; is like property rights; dealing w/ 2 different land Rylands uses in an area & 1 injures the other Slouching Toward the Abnormal Danger Conception direct vs. indirect injury - A girl is on a public highway Sullivan: (off property) & is hit and killed by a tree stump; is blasting ∆ stumps on his property (non-natural); SL because it was a “direct” hit; if due to noise/earthquake, then no recovery. indirect ultrahazardous activities blasting case where was – π shaken out of bed (indirect Court there should be SL; injury); – engaging in activity” “perilous Perilous Activity = Inherently Dangerous; idea of perilous activity can change over time; if engaging in something that has a high risk to others, held strictly liable Restatement of Torts SL – Serious harm that can’t be eliminated w/ due care Not a matter of common usage liability w/o proof of negligence if: Restatement (Third) of Torts – activity creates a reasonably foreseeable & highly ∆’s significant risk of physical harm Even where reasonable care is exercised by all actors The activity is not one of common - If it’s in common usage, not that risky - Basic Theme of SL Today: extreme risk even when using reasonable care SL by Individual Activity Impoundments: (1) sudden escape; (2) percolate through soil & contaminate well; Hazardous/toxic = SL Blasting & explosives = SL Nuclear accidents = SL (by statute) High-Energy Activities = SL
House of Lords – agree there should be SL. Theory – “non-natural use”; different principle than mischief rule. Natural vs. Non- Natural Use: if non-natural use & escape occurs & injury results = SL; non-reciprocal risks: risk flowing one-way; posing no danger; if reciprocal, then could be negligent. Economic reasoning: favoring existing user over new user; 1st party made investment in the area & that shouldn’t be jeopardized by a subsequent party that enters & puts the 1st investment at risk Thomalen v. Marriott Corp: π gets injured through non-natural use on property; Court – non-natural use was brought on property, but did not escape & injure someone off the property; someone on the property was injured; NO SL; Rylands is like property rights; dealing w/ 2 different land uses in an area & 1 injures the other Slouching Toward the Abnormal Danger Conception Sullivan: direct vs. indirect injury - A girl is on a public highway (off property) & is hit and killed by a tree stump; ∆ is blasting stumps on his property (non-natural); SL because it was a “direct” hit; indirect if due to noise/earthquake, then no recovery. ultrahazardous activities – blasting case where π was shaken out of bed (indirect injury); Court – there should be SL; engaging in “perilous activity” Perilous Activity = Inherently Dangerous; idea of perilous activity can change over time; if engaging in something that has a high risk to others, held strictly liable Restatement of Torts – SL Serious harm that can’t be eliminated w/ due care Not a matter of common usage Restatement (Third) of Torts – liability w/o proof of negligence if: ∆’s activity creates a reasonably foreseeable & highly significant risk of physical harm Even where reasonable care is exercised by all actors The activity is not one of common - If it’s in common usage, not that risky - Basic Theme of SL Today: extreme risk even when using reasonable care SL by Individual Activity Impoundments: (1) sudden escape; (2) percolate through soil & contaminate well; Hazardous/toxic = SL Blasting & explosives = SL Nuclear accidents = SL (by statute) High-Energy Activities = SL
Torts-Selmi-2012.docx