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October 14, 2003

Driving tanks: Not yet a usual activity

Continuing the torts thread of liability for abnormally dangerous activities, such as blasting or keeping tigers in your apartment, yesterday's reading revealed that in determining what qualifies as an abnormally dangerous activity we should consider, among other things, the extent to which the activity is not a matter of common usage. Restat. 2d Torts, ยง 520 (1977). Helpfully, my torts textbook informs me that:

An activity is a matter of common usage if it is customarily carried on by the great mass of mankind or by many people in the community. … Certain activities, notwithstanding their recognizable danger, are so generally carried on as to be regarded as customary. Thus automobiles have come into such general use that their operation is a matter of common usage. This, notwithstanding the residue of unavoidable risk of serious harm that may result even from their careful operation, is sufficient to prevent their use from being regarded as an abnormally dangerous activity. On the other hand, the operation of a tank or any other motor vehicle of such size and weight as to be unusually difficult to control safely … is not yet a usual activity for many people, and therefore the operation of such a vehicle may be abnormally dangerous. (654)

Thanks, Professor Epstein. It's good to know driving tanks is not yet a usual activity, but we better hurry up and file our class action against all Hummer drivers before it becomes so.

Posted October 14, 2003 06:29 AM | law school


That's not unusual. I drive a tank...on the weekends! ;)

Posted by: DG at October 14, 2003 07:06 AM

I knew it! You drive a canary yellow Hummer, don't you? ;-)

Posted by: ambimb at October 14, 2003 08:28 AM

The canary yellow Hummer I see on an almost-daily basis seems to spend much of its time commuting between Kohl's and Babies R Us. :)

Posted by: Raquel at October 14, 2003 11:38 AM

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