Question

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: Group of answer choices lose based on consent lose based on assumption of risk lose based on contributory negligence win based on strict liability will win based on intentionality

Answer 1

win based on strict liability

Step-by-step explanation:

Strict liability is a liability that is imposed on party by the claimant that proves that an action occurred and the defendant is responsible for it.

This provision does not require the claimant to prove a fault by the defendant. It is mostly used when an action is considered dangerous.

In this scenario Mike was blasting some holes in rocks. This is a dangerous activity that can cause harm.

Myra who broke her legs in the explosion only needs to prove Mike was responsible for the explosion that occurred for her to win based on strict liability provision.