The Laws Governing Blasting

Construction blasting has allegedly been the cause of property damage in the following situations: (1) When the detonation of the shot hurls rock and debris into the air that causes property damage upon impact; and (2) When property owners notice cracks in their walls and foundations after they experience the momentary vibrations that coincide with the detonation of the shot. The current state of the law for both these situations is firmly established. Blasting is classified as an abnormally dangerous activity, for which the blaster is held strictly liable, whether the damage is the result of flying debris or vibrations and concussions generated by the blast. It is when the alleged blasting damage is supposedly from concussions and vibrations, however, that the courts usually reach the wrong result. The typical scenario involves property owners that thoroughly investigate their property after feeling blast generated vibrations, and find cracks that they believe did not exist beforehand. Most often the truth is that the property owners have never noticed these cracks before because they have never looked that closely before. Any structure has a certain number of cracks due to a variety of causes, such as settlement overtime and temperature and humidity changes.