Multistate Bar Examination Practice Question

A chemical manufacturing company produces an industrial solvent using highly volatile and hazardous materials. During its transportation, a crack in one of the containers caused a chemical leak, and a logistics contractor’s worker who handled the container suffered chemical burns. The worker has filed a suit against the chemical manufacturer under strict liability. Can the manufacturer be held legally responsible?

  • No, the manufacturer is not liable if the contractor’s worker had operational control over the handling of the container.

  • Yes, the manufacturer can be held responsible if the production and transportation of volatile chemicals are recognized as activities with inherent risks.

  • No, the manufacturer is not liable if it implemented demonstrable procedures to secure the solvent during transportation.

  • Yes, manufacturers handling hazardous chemicals have duties to prevent exposing workers to foreseeable risks.

Multistate Bar Examination
Torts
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