Question
In cases where strict liability applies, the defendant's actual awareness of having created the risks of a plaintiff's injuries is immaterial to his liability 1.
In cases where strict liability applies, the defendant's actual awareness of having created the risks of a plaintiff's injuries is immaterial to his liability
1. if the injuries were proximately caused by the defendant's negligent action
2. if the injuries were an unforeseeable consequence of the defendant's negligent action
3. unless another defendant's negligent action intervened in the chain of natural causes and effects
which is correct
In Derdiarian v Felix Contracting, where Felix argued that the plaintiff's injuries were due a freakish accident brought about solely by an epileptic driver who had negligently failed to take his medication, contending that Felix should be relieved of liability as a matter of law, the Court ruled that where acts of a third person intervene between a defendant contractor's conduct and a plaintiff's injury, the defendant's liability turns on whether the intervening act
1. was an independent and superseding cause of the plaintiff's injuries
2. was a foreseeable consequence of the situation created by the contractor
3. was a proximate cause of the plaintiff's injuries
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