A contractor used dynamite to loosen a rocky hillside. The blast from the dynamite caused a house foundation to crack. The house was located over a half-mile away from the dynamite site. The contractor was careful when using the dynamite and no
allegation of negligence is made. However, the house owner claims the contractor is liable for damage to the foundation. Is the house owner correct? Explain.
Yes. The contractor is liable under the concept of strict liability. Generally speaking, strict liability, also known as liability without fault, applies if a person engages in dangerous activity that results in damage to property or personal injury. The homeowner does not have to prove duty, breach, or foreseeable harm. The fact that a person was very careful in carrying out the dangerous activity is not relevant. The only issue is whether the dangerous activity was the direct cause of the property damage or personal injury. In essence, strict liability is a trade-off, allowing for people to engage in dangerous activity but at the same time requiring them to be totally responsible if a person sustains damages as a result of that activity. It is incumbent on the person to obtain sufficient liability insurance if he is going to engage in dangerous activity so he will be able to provide proper compensation to any person damaged by the activity.
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