Author Question: If the defendant's above-ground pool bursts, flooding a neighbor's property and destroying the ... (Read 99 times)

Starlight · **on:** Aug 3, 2018

If the defendant's above-ground pool bursts, flooding a neighbor's property and destroying the
neighbor's flower beds, the defendant most likely will be found liable

A) because defendant intentionally caused the damage
B) under a theory of strict liability
C) since the manufacturer of the pool guaranteed that the pool would never burst
D) because the defendant's negligence proximately caused the damages

Question 2

Plaintiff accidentally collides with an unmarked drum filled with toxic waste, and suffers a sever
burn. What will happen if the plaintiff sues to owner of the drum?

A) plaintiff wins because the defendant failed to label the drum toxic waste
B) plaintiff wins since storing toxic waste is an abnormally dangerous activity
C) defendant wins because of plaintiff's contributory negligence
D) defendant wins because the plaintiff assumed the risk that the drum was empty