California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
A construction worker, while operating a jackhammer on a public sidewalk, accidentally caused a large chunk of concrete to fly up and strike a passerby, causing injury. The worker had properly inspected the equipment and was using it according to safety guidelines. However, the nature of the work itself, even when performed carefully, carries a risk of such incidents in a public area. Which of the following best describes the worker's liability?
- AThe worker is liable for battery because the concrete striking the passerby constitutes an intentional harmful contact.
- BThe worker is strictly liable for the passerby's injuries because the activity is abnormally dangerous.
- CThe worker is not liable because they properly inspected the equipment and followed safety guidelines, negating any negligence.
- DThe worker is liable under a theory of res ipsa loquitur, as the injury would not have occurred without negligence.
Show answer & explanationAnswer & explanation
Correct answer: B. The worker is strictly liable for the passerby's injuries because the activity is abnormally dangerous.
Strict liability applies to abnormally dangerous activities, which are those that involve a high degree of risk of serious harm, cannot be completely eliminated by the exercise of reasonable care, and are not a matter of common usage. Operating a jackhammer on a public sidewalk fits this description.
Why the other options are wrong
- A. Battery requires intent to cause harmful or offensive contact, which is absent in this scenario.
- C. This option incorrectly assumes negligence is the only basis for liability; strict liability applies regardless of fault.
- D. Res ipsa loquitur is a doctrine of negligence, which is not the primary basis for liability here given the nature of the activity.
Strict Liability for Abnormally Dangerous Activities
Liability without fault for harm caused by activities that are inherently dangerous, even when reasonable care is exercised.
- High risk of serious harm.
- Cannot be eliminated by reasonable care.
- Not a matter of common usage.
- Proximate cause required.
Memory trick: Risking serious harm, even with care, means you bear the blame.