Jack is a trucker who makes his living moving modular homes. This is a dangerous business in that the portions of the houses once on the truck are wider than the road lanes. Also, Jack frequently has to travel much more slowly than the other vehicles on

Question

the road. One day, Jack, on his way to Atlanta with a modular home in tow, found himself approaching two trucks coming from the opposite direction with the words "High Museum Exhibits" on the truck panels. When Jack swerves to avoid a bicyclist, a museum truck runs off the road and tumbles down an embankment. No one is harmed, but the exhibit being transported is damaged. Discuss the various theories of liability that might be applied here and why they would be appropriate.

Answer 1

The first question that needs to be addressed is whether the plaintiff would be successful using the strict liability theory or if simple negligence would be appropriate. In discussing strict liability the student should articulate that Jack was involved in an abnormally dangerous activity. The elements of what constitutes an abnormally dangerous activity would need to be discussed. The student should discuss (a) the high degree of risk or harm involved and (b) that the activity is not common. In discussing negligence, the question becomes whether meeting the museum exhibit truck was foreseeable and whether the museum assumes any risk. The bicyclist may be discussed in the context of whether he would be considered a superseding cause.