Assignment
Facts: Danny and Marion Klein were injured when part of a fireworks display went astray and exploded near them. They sued Pyrodyne Corp., the pyrotechnic company that was hired to set up and discharge the fireworks. The Kleins' alleged, 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.
Issue: Is Pryodyne Company strictly liable for participating in abnormally dangerous activity?
Rule: The plaintiff must prove that the defendant had a duty which was breached causing damage. "Strict liability for damages proximately caused by an abnormally dangerous, or ultra-hazardous, activity is one application of strict liability. Courts apply the doctrine of strict liability in these situations because of the extreme risk of the activity. Abnormally dangerous activities are those that involve a high risk of serious harm to persons or property that cannot be completely guarded against by the exercise of reasonable care" as stated in the book.
Application: Duty is that of a reasonable care to all audience when a fireworks displays is present. When a company that produces and supplies fireworks or rockets in the intent to light them up near by an audience, crowd, or in public they should foresee that there is a high risk of a serious personal injury or damage cause to chattel. The court will take under consideration that a public firework show is considered an abnormally dangerous activity, which is a factor for strict liability. I do believe that the court will sight with the Kleins' complaint because even though an injury is foreseeable, Pryodyne Company should have had professional staff that was properly trained to handle a malfunction of some short in order to prevent a serious injury like what the Kleins' sadly experienced. If the Kleins' knew that such injury would have accrued to them, I am sure they both would have not taken that risk as well as other nearby bystanders. I also feel that the court will find it very unreasonable for the Kleins' to have to pay for their own medical expenses caused by an event that was put to entertain individuals not hurt them. Even though this was obviously an accident, Pryodyne Company will be held responsible because they should have been aware of the dangers fireworks can undertake.
Conclusion: Based on the forgoing analysis, Pryodyne Company will be held strictly liable for participating in abnormally dangerous activity.
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