Cave Quarries Inc. v. Warex, LLC

Summary

The court held that blasting remains subject to a bright-line strict-liability rule when it harms neighbors or bystanders, but that rule does not extend to a customer who hired the blaster for the customer's own benefit. A blasting customer may instead pursue negligence, subject to comparative fault and ordinary defenses, because the customer participates in and benefits from the activity and can protect itself through contract. The court affirmed denial of the customer's summary-judgment motion, entered judgment against its strict-liability claim, and remanded for further proceedings on negligence.