Question

A manufacturing plant located by a busy highway uses and stores highly volatile explosives. The owner of the plant has imposed strict safety measures to prevent an explosion at the plant. During an unusually heavy windstorm, a large tile was blown off the roof of the plant and crashed into the windshield of a passing car, damaging it. The driver of the car brought a strict liability action against the owner of the plant to recover for the damage to the car’s windshield. Is the driver likely to prevail?

Answer 1

Answer: No, because the damage to the windshield did not result from the abnormally dangerous aspect of the plant’s activity.

Step-by-step explanation:

Based on the information given in the question, the driver will not prevail. This is because the damage to the windshield did not result from the abnormally dangerous aspect of the plant’s activity.

In this case, the owner of the plant has imposed strict safety measures to prevent an explosion at the plant and the damage of the windshield of the car was due to heavy windstorm and not from the plants activities.