While it is ordinarily necessary to show negligence to prevail in court, activities involving hazardous waste fall under the concept of strict liability: i.e. proof of negligence is not required and merely being the generator of a waste is sufficient evidence to be liable for damages. This concept is more stringent than that used in common law in which courts usually apply the "reasonably prudent person" concept as the standard of care on which to judge an action alleged as negligent. Failing to do something that a reasonably prudent person would do to prevent harm or injury (or doing something such an individual would not do) is negligent conduct." Are there any instances in which a court might determine a person to be exempt from this standard and therefore not negligent, even if a supposedly negligent event occurred?
While it is ordinarily necessary to show negligence to prevail in court, activities involving hazardous waste fall under the concept of strict liability: i.e. proof of negligence is not required and merely being the generator of a waste is sufficient evidence to be liable for damages. This concept is more stringent than that used in common law in which courts usually apply the "reasonably prudent person" concept as the standard of care on which to judge an action alleged as negligent. Failing to do something that a reasonably prudent person would do to prevent harm or injury (or doing something such an individual would not do) is negligent conduct." Are there any instances in which a court might determine a person to be exempt from this standard and therefore not negligent, even if a supposedly negligent event occurred?
Applications and Investigations in Earth Science (9th Edition)
9th Edition
ISBN:9780134746241
Author:Edward J. Tarbuck, Frederick K. Lutgens, Dennis G. Tasa
Publisher:Edward J. Tarbuck, Frederick K. Lutgens, Dennis G. Tasa
Chapter1: The Study Of Minerals
Section: Chapter Questions
Problem 1LR
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"While it is ordinarily necessary to show negligence to prevail in court, activities involving hazardous waste fall under the concept of strict liability: i.e. proof of negligence is not required and merely being the generator of a waste is sufficient evidence to be liable for damages. This concept is more stringent than that used in common law in which courts usually apply the "reasonably prudent person" concept as the standard of care on which to judge an action alleged as negligent. Failing to do something that a reasonably prudent person would do to prevent harm or injury (or doing something such an individual would not do) is negligent conduct." Are there any instances in which a court might determine a person to be exempt from this standard and therefore not negligent, even if a supposedly negligent event occurred?
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"While it is ordinarily necessary to show negligence to prevail in court, activities involving hazardous waste fall under the concept of strict liability: i.e. proof of negligence is not required and merely being the generator of a waste is sufficient evidence to be liable for damages. This concept is more stringent than that used in common law in which courts usually apply the "reasonably prudent person" concept as the standard of care on which to judge an action alleged as negligent. Failing to do something that a reasonably prudent person would do to prevent harm or injury (or doing something such an individual would not do) is negligent conduct." Are there any instances in which a court might determine a person to be exempt from this standard and therefore not negligent, even if a supposedly negligent event occurred?
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