Asked by
Destini Alford
on Nov 29, 2024Verified
Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the cracked corn for the chickens. The chickens died and the neighbor sues. What is the likely result?
A) Cal is not liable because he was not negligent in his spraying operation.
B) Cal is not liable because the neighbor assumed the risk of damage to the feed by placing it so close to the fence.
C) Cal is liable because spraying pesticides is an abnormally dangerous activity.
D) Cal is not liable for the damage because of contributory negligence.
Abnormally Dangerous
Activities or conditions that inherently carry a significant risk of substantial harm, even when reasonable care is taken.
Pesticide Spray
The application of chemicals designed to control, repel, or kill pests on plants, soil, or other surfaces.
Contributory Negligence
Contributory negligence is a legal doctrine that denies or limits a plaintiff's ability to recover damages if their own negligence contributed to the harm they suffered.
- Recognize and distinguish the assorted elements and defenses present in negligence and strict liability claims.
Verified Answer
KE
Learning Objectives
- Recognize and distinguish the assorted elements and defenses present in negligence and strict liability claims.