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Bob is an independent gasoline hauler. His tanker truck moves gasoline from the refinery to a...

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

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Answer #1

Alice cannot prove proximate cause, because Crazy Al's action broke the chain of causation

Since Bob is not the proximate cause for her injuries ,Alice can't attach the strict liablity since the cause of the injury was crazy Al.

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  • Bob is an independent gasoline hauler. His tanker truck moves gasoline from the refinery to a...

    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...

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