Consolidated Trucking Company transports radioactive materials. Darla suffers from cancer. To succeed in a strict liability action against Consolidated, Darla must show that her injury was caused by

Question

BlackTom AI · Accepted Answer

This question asks about the elements required to prevail in a strict liability action for transporting radioactive materials. 
Option A: 'Consolidated’s failure to use reasonable care to prevent harm to Darla.' This describes negligence or fault based on a standard of care, not the strict-liability framework. Strict liability does not require showing failure to exercise reasonable care, so this option misframes the liability theory.
Option B: 'Consolidated’s intentional lack of regard for the general public.' Intentional wrongdoing or recklessness can be relevant in other tort theories, but strict liability focuses on the activity itself and its inherent risk, not on a defendant’s intent. Hence this is not the primary standard in strict liability for abnormally dangerous activities.
Option C: 'radiation from any source.' The plaintiff must show the injury was caused by the defendant’s activity, not by radiation from external or unrelated sources. This option passes over the crucial link between the defendant’s conduct and the harm, and it is too broad.
Option D: 'Consolidated’s operation.' Under strict liability for abnormally dangerous activities, the key inquiry is whether the activity itself—the operation of transporting radioactive materials—caited the injury. The focus is on the nature of the activity and the resulting risk, rather than on negligence or intent. The causation element in strict liability requires that the plaintiff’s injury be the result of the operation itself, not extraneous factors.
In summary, the options that rely on negligent fault (A), intentional disregard (B), or generic radiation sources (C) fail to capture the core strict-liability requirement that the injury flow from the operator’s abnormally dangerous activity, i.e., the operation. The remaining option emphasizes the operation as the source of risk and injury, aligning with the strict-liability framework.

Consolidated Trucking Company transports radioactive materials. Darla suffers from cancer. To succeed in a strict liability action against Consolidated, Darla must show that her injury was caused by

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