Constructed pond on mountainous terrain is an abnormally dangerous condition that renders owner strictly liable for damage caused when it ruptured after a storm and flooded the downhill property

The Montana Supreme Court held in Covey v. Brishka, 2019 MT 164, 445 P.3d 785 (Mont. 2019), that it was so obviously unreasonably dangerous to construct a 4.5 million-gallon constructed pond on a mountainous property that the owner was strictly liable for an “abnormally dangerous condition” when a storm caused a cascade of boulders and water onto the property lower down the hill.