Enclosed garage abnormally dangerous activity

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Reference no: EM133901759

Question

Marla lives in a duplex with an attached garage. The duplex is located in a tightly packed urban neighborhood with shared walls and small backyards. Marla owns a vintage Porsche and maintains the vehicle herself, storing it in the garage. One chilly winter weekend, she decides to perform a 30-minute engine tune-up with the car idling in the closed garage. Unbeknownst to her, the garage has a cracked ventilation duct. As a result, exhaust fumes from the car, containing poisonous carbon monoxide, seep through the duct into the duplex apartment next door occupied by Neighbor. Neighbor, asleep at the time, suffers serious injuries from carbon monoxide poisoning and is hospitalized. Neighbor files suit, alleging that running a car in a closed garage constitutes an abnormally dangerous activity, and that Marla should be held strictly liable for his injuries.

Is running the car in the enclosed garage an abnormally dangerous activity?

Reference no: EM133901759

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