Alabama Property and Casualty Practice Exam

A demolition company is using dynamite to destroy an old building. What legal principle applies?

1. negligence

2. strict liability

3. premises liability

4. products liability

The correct answer is: strict liability

The legal principle that applies in this scenario is strict liability. In situations involving inherently dangerous activities, such as the use of dynamite for demolition, the law imposes strict liability on the party engaging in that activity. This means that the demolition company can be held liable for any resulting damages or injuries, irrespective of whether they acted with negligence or took precautions to prevent harm. Strict liability is particularly relevant in cases involving hazardous materials or activities that pose a significant risk to others. Even if the company follows all safety regulations and takes careful measures, they can still be held responsible if the use of dynamite causes damage or injury. This principle exists to encourage responsible conduct in potentially dangerous activities and to provide recourse for those affected by such hazards. Other principles, such as negligence, require proof that the party failed to act with reasonable care, which is not necessary in strict liability cases. This differentiates strict liability from other types of liability, which involve varying degrees of fault or carelessness on the part of the defendant.