Q. Suppose that the government requires industries employing benzene in their manufacturing processes to contain the chemical in a particular manner. Benzene has been linked with leukemia and other risks to bone marrow and blood production. One organization fails to meet the standards and some of the chemical escapes from the plant and contaminates a nearby well.
Illustrate what is the basis for the industry's legal duty to the surrounding community? In other words, illustrate what is the legal source of the industry's legal duty?
Illustrate what difference, if any, would it make if a trespasser had released the chemical?
Who is liable for this accident the industry or the trespasser?