EXPLOSIVES
The law of explosives covers dangerously volatile
substances, including gasoline, oil, dynamite,
and blasting caps filled with highly explosive
compounds. Under the POLICE POWER given to
the states through the TENTH AMENDMENT to
the U.S. Constitution, state and local govern-
ments may regulate the storing, handling, trans-
portation, and use of explosive substances.
All states require a person or business to
obtain a permit before using explosives, such as
for a fireworks display or the demolition of a
building. State laws and local ordinances crimi-
nalize the unlicensed use, storage, sale, and
transportation of explosives.Most states provide
that unlicensed explosives may be subject to
FORFEITURE, and their possessors subject to
fines or incarceration, or both.
States delegate some explosives regulation to
municipalities. A MUNICIPAL CORPORATION
may enact provisions for the inspection of
explosives and their storage spaces. It may also
prescribe the maximum quantity of particular
explosives that are allowed to be kept in a par-
ticular location.
The U.S. Congress has the authority to regu-
late explosives in interstate commerce. Under 18
U.S.C.A. § 841 et seq., Congress requires a
license to import, manufacture, distribute, or
store explosive materials that cross state lines.
The BUREAU OF ALCOHOL, TOBACCO, FIRE-
ARMS, AND EXPLOSIVES, a division of the U.S.
JUSTICE DEPARTMENT, is charged with primary
enforcement of the federal laws and regulations
regarding explosives.
Explosives are a necessity in a developing
world. They allow building contractors to exca-
vate land and clear pathways for road building.
However, explosives are inherently dangerous,
and, despite strict government regulation, even
the authorized use of explosives may cause
injuries or property damage. When injury or
damage occurs, an aggrieved person may seek
redress in civil court.
Under TORT LAW, explosives are considered
abnormally hazardous and are subject to
STRICT LIABILITY standards. Under strict liabil-
ity, an explosives operator may be liable for
injuries resulting from an explosion regardless
of NEGLIGENCE. Not all explosions give rise to
this standard. Strict liability may be mandated
by statute for injuries resulting from unlicensed
explosions. For licensed explosions and acci-
dental explosions, strict liability will be applied
where the activity was exceptionally dangerous.
For example, a landowner who stores gasoline
in a densely populated residential neighbor-
hood may be subject to strict liability, but a
business that stores gasoline in an industrial
area may not.
Strict liability is not imposed on most
licensed explosions. A plaintiff suing for dam-
ages resulting from a licensed explosion must
prove that the operator did not observe a stan-
dard of care commensurate with the danger.
This can be proved by showing that the operator
failed to comply with statutes or regulations.
The plaintiff must also show that the explosion
was the proximate dominant, producing, or
moving cause for the injury or property damage.
A seller of explosives may be held liable for
damage or injury resulting from their use.Man-
ufacturers are held to a higher standard of care
than wholesalers or retailers because they are
usually more familiar with the formula of the
explosive compound and are thus more capable
of giving instructions needed for the safe han-
dling, storage, and use of the product.Manufac-
turers, wholesalers, and retailers must warn
buyers of an explosive’s dangerous nature by
labeling the packaging and including instruc-
tions. A manufacturer, wholesaler, or retailer
that sells explosives in violation of a statute may
be liable to subsequent purchasers of the explo-
sives. For example, a manufacturer or merchant
that sells to a minor will be responsible for any
injuries resulting from the explosives.
Transporters of explosives may be held liable
for damage or injury caused in transit, if they are
negligent. Carriers must exercise utmost caution
in transporting explosives and follow regula-
tions established by the states. A shipper who
hires a carrier for transport may be liable for
damage and injury caused by the shipment if the
damage and injury were the result of the ship-
per’s negligence. The chain of manufacturer,
seller, shipper, and carrier often leads to civil
court battles in which each defendant seeks to
prove that the others were negligent.
As in any civil case, a defendant in an explo-
sives case may use the defense of “contributory
negligence” if the injured party was negligent in
some way. For instance, a defendant may invoke
contributory negligence if an operator has been
adequately instructed but mishandles the explo-
sives. In a small minority of states, contributory
negligence by a plaintiff precludes any recovery.
