Mike's is a highway construction company. Mike's is laying a highway through the mountains in West Virginia. At one spot they have to blast a hole through some rocks. Myra is hiking along the side of the road when the explosion occurs. She is thrown down by the explosion and breaks her leg. If she sues Mike's, she will:
A) lose based on consent
B) lose based on assumption of risk
C) lose based on contributory negligence
D) win based on strict liability
E) will win based on intentionality

Question

Quizplus · Accepted Answer

In cases involving inherently dangerous activities, such as blasting with explosives, courts often apply the doctrine of strict liability. This means that the party conducting the dangerous activity (in this case, Mike's construction company) can be held liable for any injuries caused, regardless of the level of care they exercised. Myra's injury was a direct result of the explosion, an inherently dangerous activity, making strict liability a likely basis for her to win the lawsuit.

Mike's Is a Highway Construction Company