Pl - Siegler
Df - Kuhlman
Basically, Aaron Kuhlman was driving the gas truck and
hit a highway chain link fence.
The gas trainer became detached and landed upside down on Capital Lake
Drive without any lights.
Later Carol Houses car mysteriously ignited
the gas and died in an explosion.
Died In Flames
Seventeen-year-old Carol J. House died in
the flames of a gasoline explosion when her car
encountered a pool of thousands of gallons of spilled gasoline.
She was driving home from her after-school job in the early
evening of November 22, 1967, along Capitol Lake Drive in
Olympia; it was dark but dry; her car's headlamps were burning.
The court refused to give an instruction on res ipsa loquitur (the
thing speaks for itself).
This should be strict liability.
Transporting Gas is an inherently
If an explosion occurs the evidence will be destroyed.
The rule of strict liability rests not only upon the ultimate
idea of rectifying a wrong and putting the burden where it
should belong as a matter of abstract justice, that is, upon the
one of the two innocent parties
whose acts instigated or made the harm possible,
but it also rests on problems of
RS 519. General Principle
(1) One who
carries on an abnormally
dangerous activity is subject to liability for harm
to the person, land or chattels of another resulting from the
activity, although he has exercised the utmost care to prevent
strict liability is limited to the kind of harm, the risk of
which makes the activity abnormally dangerous.
RS 520. Abnormally Dangerous Activities
determining whether an activity is abnormally dangerous, the
following factors are to be considered:
(a) Whether the activity involves a
high degree of risk
of some harm to the person, land or chattels of others;
the gravity of the harm
which may result from it is likely to be
the risk cannot be
eliminated by the exercise of
regular negligence would apply
the activity is not a matter
of common usage;
go outside normal activity.
the activity is
inappropriate to the
place where it is carried on;
Try to find
a place that is more appropriate.
value of the activity to the
activity of buying gasoline benefits mankind.
** Gives us the
incentive to relocate.
** Gives us the
incentive to reduce the activity.