Luthringer v. Moore
1948 Cal. LEXIS 330, 190 P.2d 1, 31 Cal. 2d 489 (1948)
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Rule of Law:
One who carries on an ultrahazardous activity is strictly liable for harm to the person or property of another resulting from the activity, even if the utmost care is exercised to prevent the harm. The use of lethal gas for fumigation in a commercial building qualifies as an ultrahazardous activity.
Facts:
- B. L. Moore, a professional pest exterminator, was hired to fumigate the basement of a commercial building.
- Around midnight on November 16, 1943, Moore released hydrocyanic acid gas, a highly lethal and penetrating chemical, into the sealed basement rooms.
- The building complex included a multi-story office building connected to the fumigated area.
- Albert L. Luthringer was an employee of a pharmacy located on the ground floor of the office building, directly above parts of the fumigated basement.
- On the morning of November 17, 1943, Luthringer arrived for work and entered the pharmacy, which had no warning signs posted on the door he used.
- Shortly after entering, Luthringer felt ill, lost consciousness, and was subsequently diagnosed with hydrocyanic acid gas poisoning from gas that had escaped the basement.
Procedural Posture:
- Plaintiff Albert L. Luthringer sued defendant B. L. Moore and others in a state trial court, alleging absolute liability and negligence.
- The trial court granted a nonsuit on the negligence count as to all defendants.
- The case proceeded to a jury on the absolute liability count, which returned a verdict in favor of Luthringer against Moore.
- The jury found in favor of the other defendants, the building owner and tenant.
- Moore, as appellant, appealed the judgment against him to the state's highest court.
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Issue:
Does the use of lethal hydrocyanic acid gas for pest fumigation in a commercial building constitute an ultrahazardous activity for which the operator is held strictly liable for resulting personal injuries?
Opinions:
Majority - Carter, J.
Yes, the use of lethal hydrocyanic acid gas for fumigation in a commercial building is an ultrahazardous activity subject to strict liability. The court held that certain activities are so inherently hazardous that public policy requires the person engaging in them to be held responsible for any resulting harm, regardless of fault. The court applied the test from the Restatement of Torts, defining an activity as ultrahazardous if it (a) necessarily involves a risk of serious harm that cannot be eliminated by the exercise of the utmost care, and (b) is not a matter of common usage. The court found that fumigating with hydrocyanic acid gas meets this test because the gas is extremely lethal, highly penetrative, and difficult to confine, and its use is a specialized activity performed by a few licensed professionals, not by the general public. Relying on the precedent in Green v. General Petroleum Corp., the court affirmed that the principle of absolute liability applies to personal injuries as well as property damage, ensuring that the party who profits from a dangerous enterprise bears the risk of loss.
Analysis:
This case solidifies the application of the Restatement of Torts' doctrine of strict liability for ultrahazardous activities in California law. By classifying commercial fumigation with lethal gas as ultrahazardous, the court expanded the doctrine's reach and clarified the 'common usage' element, distinguishing between activities common to specialists and those common to the general public. This decision lowers the burden for plaintiffs injured by such activities, as they no longer need to prove negligence, only that the defendant's ultrahazardous activity caused their harm. It establishes a strong public policy of placing the financial risk of inherently dangerous, non-common activities on those who conduct them rather than on innocent victims.
