Cal sprayed pesticide on his crops in a very careful manner on a windless day.Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the cornmeal for the chickens.The chickens died and the neighbor sues.What is the likely result?
A)Cal is not liable because he was not negligent in his spraying operation.
B)Cal is not liable because the neighbor assumed the risk of damage to the feed by placing it so close to the fence.
C)Cal is liable because spraying pesticides is an abnormally dangerous activity.
D)Cal is not liable for the damage because of contributory negligence.

Question

Quizplus · Accepted Answer

Although Cal may have taken reasonable precautions to prevent the spray from reaching his neighbor's property, spraying pesticides is considered an abnormally dangerous activity. This means that Cal would be strictly liable for any harm caused by the activity, regardless of whether or not he was negligent. Additionally, the neighbor did not assume the risk of the pesticide spray contaminating the cornmeal, as this was an unforeseeable event. Contributory negligence would not be a valid defense in this case, as it is unlikely that the neighbor did anything to contribute to the harm to their chickens.

Cal Sprayed Pesticide on His Crops in a Very Careful