The Florida Supeme Court has relied on the Restatement (Second) of Torts to impose a duty on the manufacturer of anthrax "to avoid a an unauthorized intercepton and dissemination of the materials."
The lawsuit arose out of the mailing of stolen anthrax some seven years ago that resulted in the death of a man in Florida when he came into contact with the substance at his place of work.
The case is United States v. Stevens, No. SC07-1074 (Fl. Oct. 30, 2008). Read it here.