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Even Though a Defendant's Negligence Is Not the Proximate Cause

Question 16

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Even though a defendant's negligence is not the proximate cause of the accident, the defendant may be liable if the defendant's conduct was particu- larly egregious. A product vendor is subject to strict liability in tort only if the vendor knowingly sells a defective product to another. Where a defendant has negligently caused the plaintiff to suffer emotional distress, a plaintiff may recover compensatory damages even though the plaintiff has no physical manifestation of his or her mental suffering if the plaintiff can prove that he
or she was within the zone of danger.

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