Strict Liability Hypothetical

Sally and Jim go to the local Polynesian restaurant as part of a company outing, where their attendance is “expected.” They are at one of the tables closest to the stage to see the show. They heard it was spectacular, especially the guy who dances with the flaming torches. Unfortunately, there is an accident, and Sally and Jim are burned. Can they sue the restaurant because this is an abnormally dangerous activity? In so doing, you should explain what strict liability means and how this falls into this category. Can they sue their employer because it was understood that they were required to attend?

You are expected to review and comment on at least two of your classmates’ responses.

……………..Answer preview…………….

Yes, Sally and Jim can sue the restaurant for strict liability. Dancing with flaming torches can be argued to be inherently dangerous especially where there is a crowd of people. The restaurant organized the event and of course knew of the flaming torches…………….

APA

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