Asked by Jeanna Ramig on Jul 14, 2024
Verified
Jean and Donald hired a lawn care company to come to their house and spray for dandelions, which had overtaken their lawn. When the spraying was completed the chemical had not only killed the dandelions but had destroyed the grass to an irreversible state. When the company investigated, it found that the acid content of the soil had caused the reaction. The company stated that the reaction is so rare it seldom does preliminary acid tests and tried to downplay the situation. Jean and Donald are contemplating legal action.
A) The company, having full knowledge of potential reactions, proceeded without exercising the proper standard of care making them liable for the damages.
B) The manufacturer is liable because the potential reaction was not compensated for in the chemical formula even though the product's label bears a suitable warning.
C) The company and the manufacturer both acted reasonably and therefore have no legal liability.
D) The company may seek compensation from the manufacturer for a defective product.
E) All of these.
Acid Content
A measure of the acidity level in a substance, often important in chemical reactions, food science, and battery technology.
Standard of Care
The degree of prudence and caution required of an individual who is under a duty of care.
Chemical Reaction
A process that leads to the transformation of one set of chemical substances to another, involving rearrangements of atoms and changes in their chemical properties or composition.
- Identify the standard of care expected in different situations and the legal consequences of failing to meet this standard.
Verified Answer
TM
Thandie MataswaJul 15, 2024
Final Answer :
A
Explanation :
The company's failure to conduct a preliminary acid test, despite knowing the potential for a rare but damaging reaction, indicates a lack of proper standard of care, making them liable for the damages to Jean and Donald's lawn.
Learning Objectives
- Identify the standard of care expected in different situations and the legal consequences of failing to meet this standard.