Abnormally Dangerous Activities Liability - Mar. 8

Question 1

What are the danger factors for ADA liability? (Feldman)

Answer 1

Danger factors (Hand Formula):
(a) Existence of a high degree of risk (P)
(b) Likelihood of great harm (L)
(c) Inability to eliminate risk by reasonable care (B)

Question 2

What are the abnormality factors? (Feldman)

Answer 2

(d) Extent to which activity is not common – as compared to common
activities like driving create reciprocal risks
(e) Whether the activity is inappropriate to the place it is carried on
(f) Extent to which the activity’s value to the community is outweighed
by its danger – e.g., oil industry in Texas.

Question 3

What activities are most often classified as ADA?

Answer 3

Disposal of hazardous wastes (Bennett, p.821, T& E, p.822, Cities Service, p.828)
* Storing or using explosives (Exner, p.20)
* Storage of natural gas (McLane, p.852)
* Storage of poisonous substances (Langan, p.827)
* Fumigation (Barbee, p.859)