Strict Liability. Danny and Marion Klein were injured when an aerial shell at a public fireworks exhibit went astray and exploded near them. They sued Pyrodyne Corp, the pyrotechnic company that was hired to set up and discharge the fireworks, alleging,
among other things, that the company should be strictly liable for damages caused by the fireworks display. Will the court agree with the Kleins? What factors will the court consider in making its decision? Discuss fully.
Strict liability
The court agreed with the Kleins, applying the rule that "any party carrying on an ‘abnormally dangerous activity' is strictly liable for ensuing damages." The court looked to the factors listed in the Restatement (Second) of Torts, Section 520, to determine whether the fireworks display was abnormally dangerous. Those factors are "(a) existence of a high degree of risk of some harm to the person, land or chattels of others; (b) likelihood that the harm that results from it will be great: (c) inability to eliminate the risk by the exercise of reasonable care; (d) extent to which the activity is not a matter of common usage; (e) inappropriateness of the activity to the place where it is carried on; and (f) extent to which its value to the community is outweighed by its dangerous attributes." Of these factors, "ordinarily several of them will be required for strict liability," but "it is not necessary that each of them be present, especially if others weigh heavily." In particular, the court found the first three factors to be present in this case. "Any time a person ignites aerial shells with the intention of sending them aloft to explode in the presence of large crowds of people, a high risk of serious personal injury or property damage is created. That risk arises because of the possibility that a shell will malfunction or be misdirected. Furthermore, no matter how much care pyrotechnicians exercise, they cannot entirely eliminate the high risk inherent in setting off powerful explosives such as fireworks near crowds."
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