1 FOURTH CAUSE OF ACTION 2 (Negligence) 3 (Against All Defendants) 4 5 6 Plaintiff incorporates by reference each and every allegation contained above, as though set forth herein in full. 219. Defendants knew or should have known of the climate effects inherently caused by 7 the normal use and operation of their fossil fuel products, including the likelihood and likely 8 severity of increased mean sea surface temperature, marine heatwaves, harmful algal blooms, and 9 marine toxin outbreaks, and including Plaintiff’s injuries and damages alleged herein. 10 220. Defendants, collectively and individually, had a duty to use due care in developing, 11 designing, testing, inspecting and distributing their fossil fuel products. That duty obligated 12 Defendants collectively and individually to, inter alia, prevent defective products from entering 13 the stream of commerce, and prevent reasonably foreseeable harm that could have resulted from 14 the ordinary use or reasonably foreseeable misuse of Defendants’ products. 15 16 221. Defendants, and each of them, breached their duty of due care by, inter alia: a. allowing fossil fuel products to enter the stream of commerce, despite 17 knowing them to be defective due to their inevitable propensity to cause 18 increased mean sea surface temperature, marine heatwaves, harmful algal 19 blooms, marine toxin outbreaks, and related injuries; 20 b. failing to act on the information and warnings they received from their own 21 internal research staff, as well as from the international scientific 22 community, that the unabated extraction, promotion and sale of their fossil 23 fuel products would result in material dangers to the public, including to 24 Plaintiff; 25 SHER EDLING LLP 218. c. failing to take actions including but not limited to pursuing and adopting 26 known, practical, and available technologies, energy sources, and business 27 practices that would have mitigated their greenhouse gas pollution and 28 eased the transition to a lower carbon economy; shifting to non-fossil fuel COMPLAINT 86