Abnormally Dangerous Activities Self-Quiz

 

 

 

 

 

 

 

 

Paul is an employee of Fuelco, Inc., a company that stores refined gasoline before it is shipped to various gas stations. Fuelco, Inc. uses the most up-to-date methods available to store the gasoline and spares no expense in making its premises as safe as they can. One day, a metal bearing breaks loose on the ceiling and falls to the floor. The metal strikes the granite floor and creates a spark that causes a massive explosion. Paul is severely injured. In an action against Fuelco, Paul will:
Choice 1 Lose, because he assumed the risk of injury when he took a job at a fuel storage company
Choice 2 Lose, because an employee cannot sue his own employer
Choice 3 Win, because he is a business invitee
Choice 4 Win, because Fuelco will be strictly liable
Karen owns a large tract of land in a residential area right outside the town of Seabrook. Seabrook is the site of the largest nuclear power plant in the Eastern United States. For years, the power plant has been trucking away its toxic waste to a treatment plant several hundred miles away. Karen decides that it would be lucrative for her and easier for the plant if she were to turn her property into a nuclear waste storage and treatment plant. Karen builds the plant and contracts with the power plant to store and treat the nuclear waste that the plant produces. Unfortunately, one of the storage facilities Karen builds is constructed poorly. One day, about a year after she has opened her business, the storage facility collapses, sending a radioactive cloud into the air and spilling toxic waste onto the ground. As a result, Karen’s neighborhood must be evacuated. In an action against Karen, the residents of the area will probably:
Choice 1 Win, because they did not anticipate that a nuclear storage facility would be built when they moved into the neighborhood
Choice 2 Win, because Karen will be held strictly liable
Choice 3 Lose, because they were free to move away once Karen opened her business
Choice 4 Lose, because it was not Karen’s fault that the building was poorly constructed
Fuelco, Inc. is a company that stores refined gasoline before it is shipped to various gas stations. Fuelco uses the most up-to-date methods available to store the gasoline and spares no expense in making its premises as safe as they can. One day, a metal bearing breaks loose on the ceiling and falls to the floor. The metal strikes the granite floor and creates a spark that causes a massive explosion. Jessica, a licensed pilot, is taking a pleasure cruise in her Cessna II and she is just passing over Fuelco’s storage tank when the tank explodes. Although Jessica is one thousand feet above the tank when it explodes, some of the debris from the tank hit the plane and damage the wing. The plane crashes and Jessica is severely injured. If Jessica sues Fuelco, she will be able to recover for her injuries:
True
False

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