“Plaintiff claims that Defendant was engaged in an ultrahazardous activity that caused him to be harmed and that Defendant is responsible for that harm. People who engage in ultrahazardous activities are responsible for the harm these activities cause others, regardless of how carefully they carry out these activities. [] is an ultrahazardous activity. To establish his claim, Plaintiff must prove all of the following: 1. That Defendant was engaged in an ultrahazardous activity; 2. That Plaintiff was harmed; 3. That Plaintiff’s harm was the kind of harm that would be anticipated as a result of the risk created by the
ultrahazardous activity; and 4. That Defendant’s ultrahazardous activity was a substantial factor in causing Plaintiff’s harm.”
[CACI Jury Instructions [citations omitted]]
