New York State Asbestos Investigator Practice Exam

What must be proven in tort liability against an inspector?

1. The inspector had a duty and breached it

2. Injury resulted from their actions

3. The actions were not reasonable

4. All of the above

The correct answer is: All of the above

In tort liability cases against an inspector, all three factors must be established to prove that the inspector is liable for any damages incurred. Firstly, demonstrating that the inspector had a duty and breached that duty is foundational in tort law. An inspector is required to adhere to certain standards of conduct, ensuring that they perform their responsibilities with due diligence. If it is shown that the inspector failed to meet these standards, this establishes a breach of duty. Secondly, it must be shown that the injury resulted from the inspector's actions. This causation link is critical; without proving that the injury was a direct result of the inspector's breach of duty, there can be no liability. Lastly, the actions of the inspector must be unreasonable under the circumstances. If the inspector's actions are considered unreasonable, it indicates failure to act appropriately which contributes to the liability. Therefore, when all of these elements are combined—establishment of duty and breach, causation of injury, and unreasonableness of actions—they collectively confirm tort liability against the inspector in a comprehensive manner.