Eleanor likes to play practical jokes. One day she shoots a paintball at Markus, but
she misses and instead hits her neighbor, Old Man Winston, putting his eye out.
Old Man Winston is not happy and wants to do something about it, like sue Eleanor. What do you think Old Man Winston could sue Eleanor for?
1.He can sue Eleanor for an accidental tort because she hit Old Man Winston by mistake.
2.He can't really sue for anything because Eleanor didn't commit a tort, since Markus was Eleanor's target, not Old Man Winston and she coudn't have foreseen any harm to him.
3.He could sue Eleanor for an intentional tort because even though she meant to hit Markus, she still caused harm by hitting Old Man Winston.
4.He can sue for strict liability tort because shooting a paintball gun is an abnormally dangerous activity, so he doesn't have to show that Eleanor was negligent.