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23. Is the driver likely to prevail?
A manufacturing plant located near a busy highway uses and stores highly volatile explosives. The owner of the plant has imposed strict safety measures to prevent an explosion at the plant. During an unusually heavy windstorm, a large tile was blown off the roof of the plant and crashed into a passing car, damaging the hood and the windshield. The driver of the car brought a strict liability action against the owner of the plant to recover for the damage to the car.
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B is incorrect. This is the correct conclusion, but it misstates the legal basis for that conclusion. The fact that the windstorm was unusually severe may be relevant to a negligence claim, where the case would turn on whether the owner took reasonable precautions to prevent the accident, but it is not relevant to a claim of strict liability. The strict liability claim fails because the risk that materialized was not of the sort that makes the activity abnormally dangerous.
C is incorrect. Although the plant's activity was abnormally dangerous, strict liability is limited to the kind of harm that makes the activity abnormally dangerous. Here, the falling of roof tiles is unrelated to the plant's abnormally dangerous activity.
D is incorrect. As explained above, strict liability is not applicable because the harm that occurred was not related to the dangerous nature of the plant's activity.