Klein v. Pyrodyne Corp.

Facts

Pyrodyne Corporation was contracted to conduct a public fireworks display at the Western Washington State Fairgrounds in Puyallup, Washington, on July 4, 1987. As part of the contract, Pyrodyne was required to procure a $1 million liability insurance policy. During the fireworks show, one of the aerial shells misfired due to a mortar being knocked into a horizontal position. The shell exploded near the crowd, injuring Danny and Marion Klein along with others. The Kleins filed a lawsuit against Pyrodyne, claiming strict liability and product liability. They alleged that Pyrodyne’s employees had failed to properly bury the mortar tubes, provide necessary safety measures such as crowd control, and adhere to other regulatory requirements. Pyrodyne argued that the misfire was due to a manufacturing defect. The trial court ruled against the Kleins on the product liability claim but held Pyrodyne strictly liable under the doctrine of abnormally dangerous activities. Pyrodyne appealed the decision. The Washington Supreme Court upheld the trial court’s decision, concluding that the fireworks display constituted an abnormally dangerous activity, justifying the imposition of strict liability on Pyrodyne regardless of the level of care exercised. The court emphasized that activities involving explosives near large crowds inherently pose a high risk of harm, which cannot be completely eliminated even with strict adherence to safety protocols.