Ultrahazardous activity

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Tort law
Part of the common law series
Intentional torts
Assault  · Battery  · False imprisonment
Intentional infliction of emotional distress (IIED)
Consent  · Necessity  · Self defense
Property torts
Trespass  · Conversion
Detinue  · Replevin  · Trover
Dignitary torts
Defamation  · Invasion of privacy
Breach of confidence  · Abuse of process
Malicious prosecution
Alienation of affections
Economic torts
Fraud  · Tortious interference
Conspiracy  · Restraint of trade
Nuisance
Public nuisance  · Rylands v. Fletcher
Negligence
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence
Rescue doctrine  · Duty to rescue
Specific kinds of negligence
Negligent infliction of emotional distress (NIED)
In employment  · Entrustment
Malpractice
Duty to visitors
Trespassers  · Licensees  · Invitees
Attractive nuisance
Strict liability torts
Product liability  · Ultrahazardous activity
Liability, defences, remedies
Comparative and contributory negligence
Last clear chance  · Eggshell skull
Vicarious liability  · Volenti non fit injuria
Ex turpi causa non oritur actio
Damages  · Injunction
Common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others from being injured. In the Restatement of the Law 2d, Torts 2d, the term has been abandoned in favor of the phrase "inherently dangerous activity."

There are several categories of activities which are commonly recognized as being ultrahazardous, and therefore subject those who engage in them to strict liability. These include:

• Transportation, storage, and use of dynamite and other explosives
• Transportation, storage, and use of radioactive materials
• Transportation, storage, and use of certain hazardous chemicals
• Keeping of wild animals (i.e. animals that are not normally domesticated in that area)
  • Note that in this context domesticated does not merely refer to animals that are commonly bred and raised in captivity, such as alligators.
• Keeping of domesticated animals that have a known propensity for dangerous behavior (e.g., keeping a dog that has attacked people before)

A person who is injured by one of these ultrahazardous activities while trespassing on the property of the person engaged in the activity is barred from suing under a strict liability theory. Instead, they must prove that the property owner was negligent.

In the United Kingdom, this area of law is governed by the rule established in Rylands v Fletcher.

Factors determining an activity is ultrahazardous:^[1]

1. The relative possibility of harm.
2. The level of seriousness of potential harm.
3. The level of activity — most persons would not regularly engage in ultrahazardous activities.
4. If the possibility of harm is decreased with the utmost care.
5. Whether the risk of the activity outweighs its social value.
6. Inappropriateness of the activity in the area it is commenced.

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