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5 October, 09:21

West Agricultural Services, Inc. ("WAS"), stores approximately 100,000 pounds of ammonium nitrate on its property in three storage tanks for use in agriculture fertilizer. Ammonium nitrate is highly explosive if it comes into contact with an ignition source. WAS has taken all necessary precautions to prevent any explosions. If an explosion were to occur with resulting injuries, WAS could be liable under the strict liability theory for damages proximately caused by:

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  1. 5 October, 12:11
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    Answer: an abnormally dangerous activity

    Explanation: Strict liability theory is a theory that imposes legal responsibility for damages or injuries even if the person who was found strictly liable did not act with fault or negligence. The individual bringing the claim need only prove that the tort occurred and that the defendant was responsible.

    The law imposes strict liability to situations it considers to be inherently dangerous, such as the situation whereby West Agricultural Services, Inc. stores such quantity of ammonium nitrate, which by the way is highly explosive, on its property.

    It does not matter that they took all precautions and didn't mean for an explosion to occur, the company is liable if injuries occur as a result of an explosion.
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