- Question A
- Review the news headline regarding exploding air bags and why legal personnel are saying this recall is different than most.
- Video Report
- Based on the news headline, outline and explain two (2) other types of torts a business may be liable for and explain why. (Do not use the video example as one of your own suggestions.) Then, explore some of the steps a company may take to avoid liability for the torts you discussed. Be sure to provide legal support for your analysis.
Question B
This activity in Ch. 8 is excellent practice. Attempt the questions; great learning opportunity to self check your understanding. We will discuss it Thursday LIVE in addition to other items, and interactive exercises as groups.
NEW JERSEY DEPARTMENT OF ENVIRONMENTALPROTECTION V. ALDEN LEEDS, INC.
153 N.J. 272 Supreme Court of New Jersey, 1998
Facts: The Alden Leeds company packages, stores, and ships swimming pool chemicals. The firm does most of its work at its facility in Kearns, New Jersey. At any given time, about 21 different hazardous chemicals are present.
The day before Easter, a fire of unknown origin broke out in “Building One” of the company’s site, releasing chlorine gas and other potentially dangerous by-products into the air. There were no guards or other personnel on duty. The fire caused $9 million in damage to company property. Because of the danger, the Department of Environmental Protection (DEP) closed the New Jersey Turnpike and half a dozen other major highways, halted all commuter rail and train service in the area, and urged residents to stay indoors with windows closed. An unspecified number of residents went to local hospitals with respiratory problems.
Based on New Jersey’s air pollution laws, the DEP fined Alden Leeds for releasing the toxic chemicals. The appellate court reversed, declaring that there was no evidence the company had caused the fire or the harm. The case reached the state’s high court.
You Be the Judge: Is the company responsible for the harm?
Argument for Alden Leeds: Alden Leeds did nothing wrong. Why should the company pay a fine? The firm was licensed to use these chemicals and did so in a safe manner. There is no evidence the company caused the fire. Sometimes accidents just happen. Do not penalize a responsible business simply to make somebody pay. The state should go after careless firms that knowingly injure the public. Leave good companies alone so they can get on with business and provide jobs.
Argument for the Department of Environmental Protection: This accident made innocent people sick and caused massive difficulties for tens of thousands. It makes no difference why the accident happened. That is the whole point of strict liability. When a company chooses to participate in an ultrahazardous activity, it accepts full liability for anything that goes wrong, regardless of the cause. If you want the profits, you accept the responsibility. Alden Leeds must pay.