Spano v. Perini Corporation
COA NY - 1969
- P owned a garage that was damaged when D set off 194 sticks of dynamite about 100 feet from the garage.
- P claimed negligence as the basis for liability but could not prove lack of due care by D.
- Lower court found for P.
- Appellate court reversed, found for D.
- COA NY reversed, found for P.
- Can a party who has sustained property damages caused by blasting recover without a showing of negligence by the D?
- A party who has sustained property damages caused by blasting may recover without a showing of negligence by the D.
- Traditional law requires that P must make a showing of negligence in blasting cases unless there is a physical invasion of the P's property.
- However, D stores dangerous explosives, very likely to cause damage to property. Such damage may not be guarded against even with the highest degree of care.
- The question is not whether the actions of D were lawful or not. The question is who should bear the loss when an injury occurs through blasting.
- Public policy a concern here. Takes us back towards strict liability.