Oklahoma's negligence- abnormally dangerous animals, also known as ultrahazardous activities, is a legal concept in which a person is liable for any damage caused by an animal they own or possess, even if the person was not negligent. This concept applies when the animal is considered abnormally dangerous or ultrahazardous, such as a wild animal, a large animal, or a vicious animal. Examples of animals that may be considered abnormally dangerous in Oklahoma include, but are not limited to: wild boars, bears, large cats, wolves, and venomous snakes. In such cases, the owner of the animal is liable for any damage or injury caused by the animal, and may be held strictly liable for any resulting damages.
Oklahoma NEGLIGENCE- ABNORMALLY DANGEROUS ANIMALS
State:
Oklahoma
Control #:
OK-JURY-13-3-CV
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NEGLIGENCE- ABNORMALLY DANGEROUS ANIMALS
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An abnormally dangerous activity is related to tort law. The Restatement of Torts defines it as an activity that (1) is not of common usage, and (2) creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors.
Those six factors are: whether the activity involves a high degree of risk or harm; the gravity of that risk; whether the risk can be eliminated by the exercise of reasonable care; whether the activity is a matter of common usage; whether the activity is appropriate to the place where it is carried out on and.
Abnormally Dangerous Conditions or Ultrahazardous Activities These are activities that involve serious potential harm, involve a high degree of risk that cannot be adequately protected against by using reasonable care, and are not commonly performed in the community or under the circumstances.
To determine if an activity is abnormally dangerous, courts generally impose two requirements: The activity must create a foreseeable risk of serious harm even when reasonable care is exercised by all actors. The activity is not a matter of common usage in the community.
Strict liability is a legal doctrine that applies to highly specific activities that are considered ?ultrahazardous? or ?abnormally dangerous.? These activities carry a very high risk of causing injury or damage, which cannot be eliminated even if every possible precaution is taken.
The general rule is that if someone maintains an abnormally dangerous condition on his property or engages in an action that poses an unavoidable risk of harm to other people or property, that person may be liable for the harm caused under the theory of Strict Liability, even if he used reasonable care to prevent the
For instance, activities such as blasting explosives, disposing of hazardous chemical waste, and the containment or production of radioactive materials are all considered abnormally dangerous on a universal level.