Asked by Brit'Ney McCoy on Apr 30, 2024

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Regional Disposal Center operates a recycling plant. Adjacent property owners file a suit, alleging injuries from hazardous waste discharged into the environment by the plant. To succeed, the plaintiffs must show that the defendant failed to use reasonable care if the suit is based on

A) a negligence theory.
B) a nuisance theory.
C) any theory.
D) a strict liability theory.

Negligence Theory

A legal principle that holds parties liable for harm resulting from their failure to act with the care that a reasonably prudent person would have exercised under similar circumstances.

Nuisance Theory

Nuisance theory refers to a legal principle used to address harm or annoyance caused by one party to another, which can involve both private nuisances between individuals and public nuisances affecting the community.

Strict Liability Theory

A legal doctrine holding an individual or entity liable for damages or harm, regardless of fault or intent.

  • Gain insights into the liabilities and responsibilities that individuals and businesses have under environmental laws.
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MG
Marc-Anthony GarciaMay 03, 2024
Final Answer :
A
Explanation :
In a negligence theory, the plaintiffs must prove that the defendant failed to use reasonable care, which led to the plaintiffs' injuries. This involves showing that the defendant had a duty to the plaintiffs, breached that duty by not acting with reasonable care, and caused the plaintiffs' injuries as a result.