Refuse Reuse & Disposal Center operates a recycling plant. Stan and other Refuse Reuse neighbors file a suit,alleging injuries from the plant. To succeed,they must show that the defendant failed to use reasonable care if the suit is based on
A)a negligence theory.
B)a nuisance theory.
C)any theory.
D)a strict liability theory.

Question

Quizplus · Accepted Answer

A negligence theory requires the plaintiff to show that the defendant failed to use reasonable care, resulting in harm to the plaintiff. In this case, the plaintiffs must show that Refuse Reuse & Disposal Center did not take reasonable care in operating the recycling plant, which caused their injuries.

A nuisance theory, on the other hand, focuses on the unreasonable interference with the use and enjoyment of the plaintiffs' property. If the plaintiffs can show that the operation of the recycling plant created a nuisance that affected the use and enjoyment of their property, they may be able to succeed in their lawsuit.

While the plaintiffs could potentially bring a suit under any theory, negligence and nuisance are the most relevant theories in this particular case.

Refuse Reuse & Disposal Center Operates a Recycling Plant