Problem: Defendants' gasoline trailer breaks away from the truck towing it, leaves the highway, and falls onto a road below. Thousands of gallons of gasoline spill onto the road, and a motorist driving across the road is killed when the gas explodes and his car is engulfed in flames. Plaintiff brings a wrongful- death action against Defendants, one of whom is the owner of the truck and the other of whom is the driver.
Answer the following questions:
Problem 1: Do you think strict liability should be imposed? Explain.
Problem 2: Do you think a nuisance is occurring in this case? Explain.
Problem 3: Can the owner of the truck be held vicariously liable for the acts of the Driver if it is found that the Driver was distracted at the time of the accident by talking on a hand held device at the time? Why or Why not?