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Strict Liability for Activities on Land

Restatement 1: Ultrahazardous

All three factors must be met
1.    Risk of serious harm
2.    which cannot be eliminated with the utmost care;
3.    Not in common usage

Restatement 2: Abnormally Dangerous

Court applies a balancing test
1.    High degree of risk
2.    Gravity of harm is great
3.    Risk cannot be eliminated by reasonable care
4.    Not in common usage
5.    Innapropriate location
6.    Value of the activity to the community

Probability of harm x Likelihood of extent of harm > Burden on P

Liability for Damages Caused by Fire

I.    Ryan: "One building rule"
    A.    D only liable for damage caused to the first building that caught fire
    B.    Judge decides if D's actions were the proximate cause of P's damage

II.    Milwaukee: "Natural and Probable Result"
    A.    D is liable for the natural and probable damage from the fire
    B.    Jury decides if D's actions were the proximate cause of P's damage

III.    Smith: "Foreseeable Damage"
    A.    D is liable for all of the damage if any damage was foreseeable
    B.    Judge decides duty, jury decides breach

Private Nuisance

D commits an act which unreasonably interferes with another's private use and enjoyment of her property. Requires
    1.    D's action is the legal cause of the invasion
    2.    Invasion of interest in use and enjoyment of land
        a.    Substantial interference with use and enjoyment (822)
    3.    Either
        a.    Intentional and unreasonable
        b.    Negligent or reckless
        c.    Actionable under strict liability

The court balances five factors to determine if P deserves an injunction, damages, or neither
    1.    Harm to P without an injunction   
    2.    Harm to D with an injunction
        a.    How much is D working to prevent the harm
        b.    Utility of D's conduct
    3.    Harm to the public without an injunction
    4.    Harm to the public with an injunction

Defenses:
    1.    Contributory negligence under 3b (negligent or reckless)
    2.    "Coming to the nuisance" affects unreasonable requirement and
        a.    bars recovery, or
        b.    only allows for damages

Attractive Nuisance

Requires
    1.    artificial conditions
    2.    trespassing children
    3.    D knows or has reason to know that the children are likely to trespass
    4.    D knows or has reason to know of the artificial condition (even if he didn't create it)
    5.    D realizes or should realize that it's an unreasonabe risk of serious bodily harm or death
    6.    children because of youth don't discover the condition or realize the risk involved
    7.    utility and burden of eliminating the risk is slight compared to the risk
    8.    D failed to use reasonable care to eliminate the risk or otherwise protect from injury

Duty to Trespassers

Reasonable care=(1) make condition reasonably safe, or (2) warn of danger
Artificial condition=known, hidden condition

1.    Regular trespasser: duty to avoid intentional or wanton misconduct

2.    Discovered trespasser: duty to use reasonable care with regards to activities; reasonable care with regard to artificial conditions if there's a risk of serious harm or death.

3.    Frequent trespassers: duty to use reasonable care with regards to activities and artificial conditions if there's a risk of serious harm or death

4.    Jurisdictions that have eliminated categories: duty to use reasonable care under all circumstances

5.    D cannot claim immunity for injuring a trespasser on his land if D's conduct creates danger on his land and others' land
    a.    gas line case

Duty to Licensee

Landowner liable to licensee for known, hidden dangers (natural or artificial) if
    1.    D knows of condition
    2.    D knows of unreasonable risk
    3.    it's reasonable to believe that the licensee won't discover the danger or realize the risk
    4.    D invites or permits licensee to remain without exercising reasonable care by
        a.    making the condition reasonably safe, or
        b.    warning