Question
Dan has vegetables in a community garden that have been invaded by insects. He uses an all-natural insecticide to spray all of his vegetables. The
Dan has vegetables in a community garden that have been invaded by insects. He uses an all-natural insecticide to spray all of his vegetables. The spray comes in a pump spray can. You pump a plunger type device up and down to build up pressure for the sprayer to spray the insecticide. Dan pumps too much, which results in the spray going further than Dan expected and it gets on neighboring vegetables owned by Peterson.
The insecticide includes Cayenne pepper and Peterson is allergic to Cayenne pepper. The next day, Peterson comes to the community garden. He picks some of his lettuce that had the Cayenne pepper on it and takes a bite. He has a severe allergic reaction and nearly dies.
Are Peterson's injuries a foreseeable consequence of Dan's actions?
You should answer by explaining whether you think the injuries are a foreseeable consequence as a matter of law, are not a foreseeable consequence as a matter of law, or whether it should be a jury decision.
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