Question

Bob is an independent gasoline hauler. His tanker truck moves gasoline from the refinery to a number of local gas stations. Bob stops at a local diner for lunch. Crazy Al, the local pyromaniac, sees Bob’s truck parked in the diner parking lot. He goes over with a match and a rag, opens the gas tank of the tanker, sticks in the rag, and lights it on fire. The tanker truck explodes, causing severe damage to the diner owned by Alice. If Alice sues Bob, alleging he is strictly liable for the damage to the diner, what is Bob’s strongest argument in response?

a. Transporting gasoline is not an abnormally dangerous activity b. Alice cannot prove proximate cause, because Crazy Al's action broke the chain of causation c. Bob exercised reasonable care in transporting the gasoline d. Bob's transportation of gasoline was not the cause-in-fact of Alice's injuries

Answer 1

Here, correct answer is “Bob exercised reasonable care in transporting the gasoline”

Explanation:

As, Bob, the independent gasoline hauler drives his tanker truck to move gasoline from the refinery to a number of local gas stations. Bob had to take lunch at the local diner, here, Crazy Al, the local pyromaniac, who has put the rag within the gas tank and light that rag on fire, so, tanker truck exploded and caused severe damage to the diner owned by Alice. Here, Bob could place strong argument that he has taken reasonable care in transporting the gasoline; however, Crazy Al’s action has created such severe damage. Hence, correct answer is “Bob exercised reasonable care in transporting the gasoline”, other options are irrelevant, so, other options are eliminated.