The Williams live on a farm. BG Company has been drilling for oil next to their property. The Williams' water now stinks and contains assorted chemicals. Tests show the water has been tainted with the chemicals used in BG's drilling. If the Williams sue BG for damages for their tainted water well, what theory would they best use?

Question

Quizplus · Accepted Answer

The best theory for the Williams to use would be strict liability in tort. This is because BG Company's drilling has directly caused harm to the Williams' property and they are strictly liable for the damages that resulted. The theory of public nuisance would not apply since it refers to harm caused to a community as a whole rather than to an individual. Fraud, conversion, and misappropriation also do not fit the case since they do not specifically address environmental harm caused by a company's actions.

The Williams Live on a Farm