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Selwyn v. Ward7/7/2005
t rise to the level addressed by § 520 of the restatement.
Moreover, as the drafters commented, abnormally dangerous activities are those that cannot be made safe by the use of due care. 3 Restatement (Second) Torts § 520, cmt. h ("Most ordinary activities can be made entirely safe by the taking of all reasonable precautions; and when safety cannot be attained by the exercise of due care there is reason to regard the danger as an abnormal one."). We are satisfied that, although selling grain alcohol or alcoholic beverages to a minor is a crime and may pose serious risks to the purchaser and others, it is not an ultrahazardous or abnormally dangerous activity as those terms are recognized.
Conclusion
For the reasons set forth herein, the judgment is affirmed, and the papers in the case are remanded to the Superior Court.
Justice Flaherty did not participate.
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