For the following, identify if it is a strict liability tort. If it is a strict liability tort, which type is it? If it is not, identify if it is another tort or if there is no tort. Explain your answer using the elements of torts. 1. Steve is driving too fast on a rain soaked road. He loses control of his car and hits and kills a pedestrian.

2. A train carrying 27 rail cars of petroleum derails and kills 5 people waiting at a train crossing.

3. Davis’ python snake gets hungry and swallows the neighbor’s child.

4. When Jose attempts to use a disposable lighter to light his cigarette, it explodes in his face, blinding him for the rest of his life.

In common law jurisdictions, a tort is a civil wrong that unfairly causes someone else to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Although crimes may be torts, the cause of legal action is not necessarily a crime, as the harm may be due to negligence. The following video explains what negligence is.

The victim of the harm can recover his or her loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit, commonly referred to as the injured party, must prove that a breach of duty (i.e., either an action or lack of action) was the legally recognizable cause of the harm.

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