Question

Toxic materials, of an abnormally dangerous nature, were being transported by truck from a manufacturer's plant to a warehouse when some of the materials leaked from the truck onto the street a few miles from the plant. A driver lost control of his car when he hit the puddle of spilled toxic materials on the street, and he was injured when his car hit a stop sign. In an action for damages by the driver against the manufacturer based on strict liability, is the driver likely to prevail

Answer 1

Answer:

No, because the drivers injury did not result from the toxicity of the materials.

Explanation:

In the context, a strict liability in this situation will be based on abnormally dangerous nature of the toxic materials that the manufacturer produces. But the strict liability action is required that the risk which materializes to be the same risk which lead the courts to be label the event as 'abnormally dangerous' in its first place itself. In this situation, the toxicity of the materials is not the cause of the injury of the driver, the driver's only cause of action is his negligence while driving.