IN: Supreme Court Fine-tunes Strict Liability for Blasting
The Indiana Supreme Court declined to follow the Second Restatement factors test to determine whether strict liability applies to blasting, instead retaining the “bright line” approach of the First and Third Restatements. The court further held that strict liability is applicable for neighbors and bystanders, but not the entity that hires the blaster. Cave Quarries, Inc. v. Warex LLC, 240 N.E.3d 681, 693 (Ind. 2024) (“[W]e maintain the bright-line rule that a party is strictly liable for the damage its blasting causes to neighbors and bystanders, but not to one who hires the blaster.”).
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