Assume that the government requires companies employing benzene in their manufacturing processes to contain the chemical in a particular manner. Benzene has been linked with leukemia and other risks to bone marrow and blood production. One firm fails to meet the standards, and some of the chemical escapes from the plant and contaminates a nearby well.
What is the basis for the company's legal duty to the surrounding community? In other words, what is the legal source of the company's legal duty?
What difference, if any, would it make if a trespasser had released the chemical? Who is liable for this accident, the company or the trespasser?