Parsons, a pedestrian watching a construction project, sees that a metal beam being lifted by a crane is about to drop on some unsuspecting workers. Thus, he rushes to the scene to warn the workers. For his efforts, he is struck by the falling beam. He sues the construction company in negligence. Which of the following is true? Assume that the falling beam was caused by a breach of duty on the company's part.

Question

Quizplus · Accepted Answer

Parsons will likely recover against the construction company in negligence since the company breached its duty of care by allowing a dangerous condition (the potential dropping of the metal beam) to exist and not taking reasonable steps to prevent harm to others. Parsons did not assume the risk of being hit by the beam since he was trying to warn the workers and did not contribute to his own injuries. The worker operating the crane may also be liable, but this does not preclude the company's liability as well.

Parsons, a Pedestrian Watching a Construction Project, Sees That a Metal