Substrate Record: qid 1448

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qid 1448 · law

Question: A construction company was doing repairs and replacing portions of a sidewalk and railing next to a lake. The construction crew started tearing out the old sidewalk and railing, but stopped work when it started to get dark. The construction crew left without putting up a warning sign or barrier around the work area. A few hours later, a jogger came along the sidewalk. Not realizing the construction work was in progress there, the jogger stumbled and fell at the spot where the construction crew had torn up the sidewalk and railing. The jogger fell into the lake. As the jogger was attempting to stay afloat, he began screaming, "Help! Help! I can't swim. I'm drowning. " His screams attracted the attention of a person who was passing on his bicycle. The cyclist immediately hurried to assist the jogger. As the cyclist was leaning over the edge of the lake, trying to help the jogger get out of the water, he lost his balance and fell into the lake. Both the jogger and cyclist suffered serious bodily injuries before they were pulled out of the water by police. In a negligence action by the cyclist to recover for his personal injuries, the construction company will most probably

1. not be held liable, because the construction company could not foresee that anyone would be hurt while trying to rescue someone from the lake.
2. not be held liable, because the cyclist assumed the risk by leaning over the edge of the lake.
3. not be held liable, because it was the jogger's responsibility to avoid the construction area.
4. be held liable, because they did not properly secure the worksite after finishing for the day.
5. be held liable, because the construction company would be strictly liable to anyone injured by the failure to put adequate warnings or barriers around the site of the sidewalk repairs.
6. be held liable, because the cyclist's attempt to rescue the jogger was foreseeable.
7. not be held liable, because the jogger should have been aware of the construction work.
8. be held liable, because they failed to provide adequate lighting for the construction site.
9. not be held liable, because the cyclist voluntarily put himself in danger.

Our answer: F. be held liable, because the cyclist's attempt to rescue the jogger was foreseeable. Source quote machine-checked (exact quote)

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