Darla is in the pest control business. She develops and produces fumigation gas for her

own use. She also sells the gas to consumers. Some of her competitors do not sell

gas to consumers because consumers sometimes do not follow safety instructions.

Darla sold a container of fumigation gas to Albert for use in ridding his apartment of

insects. Although she had intended to produce gas of standard toxicity, she had

unknowingly produced gas of unduly high toxicity. Albert used the gas and succeeded

in killing all the insects in his apartment. Because he used the gas carelessly, some

made its way into the apartment of his neighbor, Paul. The gas caused Paul to suffer

serious lung damage and to fear that he would contract cancer as a result.

1. Is Darla liable to Paul? Discuss.

2. If so, may Paul obtain damages from Darla for fear of contracting cancer? Discuss.

1. Darla is liable to Paul. Because her activity can be considered dangerous, she is responsable for the products she manufares and their effects on  health issues.

2. Paul obteained damages from Carla. Non only physical and health damages, but also emotions distress because of the fear of cancer. This is called emotional distress.

Explanation:

Darla produeced a gas of high toxicity there for she is liable for the negligence of doing so. She is responsable for the damages caused to the consumers she sells the product to. She is a comercial supplier there for responsable for the product she sells.

Paul could sue her under the statements presented. A product she sells causes health problems. This can fall aunder Actual and Proximate cause.

There is a manufacturing defect.

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