Which of the following torts is based on fault?

Question

BlackTom AI · Accepted Answer

The question asks which tort is based on fault.
Option 1: 'Customer is injured after biting a piece of glass in a hot dog.' This sounds like a product defect scenario. In many jurisdictions, product liability can be strict liability, meaning fault isn't required. So this option is not clearly fault-based.
Option 2: 'Owner is unsure where his land ends and mistakenly cuts down his neighbor's tree.' This depicts negligence or some fault in boundary awareness, but the core tort here is typically trespass to land, which can be based on intentional or negligent intrusion. It is plausibly fault-based, but the description emphasizes a mistaken cut rather than a deliberate trespass; the fault element is less explicit.
Option 3: 'Owner's viscous dog bites the letter carrier who is seriously injured.' Dog bite injuries are often governed by strict liability in tort law, meaning the plaintiff does not need to prove the owner's fault. This is not fault-based.
Option 4: 'Worker inhales toxic gas emitted after lightning hits a warehouse where he works.' This scenario points toward negligence—the worker’s injury arises from a failure to exercise reasonable care to prevent harm (e.g., inadequate safety measures, maintenance), which is classic fault-based liability.
Across the options, the only scenario that clearly centers on fault as a required element of the tort is the workplace negligence example in Option 4, where proving fault (breach of a duty of care) is essential for liability.

Which of the following torts is based on fault?单项选择题

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