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Ultrahazardous or Abnormally Dangerous Activities
Ultrahazardous or Abnormally Dangerous Activities create strict liability for any injuries to people or property no matter have much care was exercised in undertaking the dangerous activities.
Whether or not any given activity is "ultrahazardous or abnormally dangerous" is a fact specific inquiry in which the court will look at the following factors:
- The existence of a high degree of risk of some harm from the activity to the person, land, or chattels of others;
- The likelihood that the harm that results from the activity will be great;
- The inability to eliminate the risk from the activity by the exercise of reasonable care;
- The extent to which the activity is not a matter of common usage;
- The inappropriateness of the activity to the place where it is carried on; and
- The extent to which the activity’s value to the community is outweighed by its dangerous attributes.