Consider a case where a factory storing toxic chemicals experiences a minor leak that contaminated nearby groundwater. If residents filed a lawsuit, what defenses could the factory... Consider a case where a factory storing toxic chemicals experiences a minor leak that contaminated nearby groundwater. If residents filed a lawsuit, what defenses could the factory be liable?
Understand the Problem
The question presents a legal scenario involving a factory that has experienced a toxic chemical leak and asks about the potential defenses the factory could use in a lawsuit filed by affected residents.
Answer
(d) No defense would be applicable; the factory would be liable.
The final answer is (d) No defense would be applicable; the factory would be liable.
Answer for screen readers
The final answer is (d) No defense would be applicable; the factory would be liable.
More Information
In cases of environmental contamination, strict liability often applies, meaning the factory can be held liable even if they took all reasonable measures to prevent the leak.
Tips
Common mistakes include assuming that taking all possible safety measures can always exempt a company from liability, which isn't true under strict liability.
Sources
- Legal Responsibility for Toxic Exposure - FindLaw - findlaw.com
- Property Contamination Lawsuits | Toxic Tort Attorney - The Lyon Firm - thelyonfirm.com
- Filing a Lawsuit For Contaminated Water - rmfwlaw.com
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