Author Question: A contractor used dynamite to loosen a rocky hillside. The blast from the dynamite caused a house ... (Read 241 times)

madam-professor

  • Hero Member
  • *****
  • Posts: 584
A contractor used dynamite to loosen a rocky hillside. The blast from the dynamite caused a house foundation to crack. The house was located over a half-mile away from the dynamite site. The contractor was careful when using the dynamite and no allegation of negligence is made. However, the house owner claims the contractor is liable for damage to the foundation. Is the house owner correct? Explain.

Question 2

Discuss the concepts of contributory negligence and comparative negligence.



jrpg123456

  • Sr. Member
  • ****
  • Posts: 317
Answer to Question 1

Yes. The contractor is liable under the concept of strict liability. Generally speaking, strict liability applies if a person engages in dangerous activity that results in damage to property or personal injury. The homeowner does not have to prove duty, breach, or foreseeable harm. The fact that a person was very careful in carrying out the dangerous activity is not relevant. The only issue is whether the dangerous activity was the direct cause of the property damage or personal injury. In essence, strict liability is a trade-off, allowing for people to engage in dangerous activity but at the same time requiring them to be totally responsible if a person sustains damages as a result of that activity. It is incumbent on the person to obtain sufficient liability insurance if he is going to engage in dangerous activity so he will be able to provide proper compensation to any person damaged by the activity.

Answer to Question 2

Contributory negligence is a defense that can be used by a defendant to avoid liability. Most states have discarded this concept; however, if allowed, even if the plaintiff were one percent responsible for an accident, she cannot recover from the defendant. Comparative negligence is used to pro rate each party's fault in a negligence case. So, if the plaintiff is 50 percent or less responsible, she is allowed to collect relative to her degree of fault. Thus, if the plaintiff were 30 percent responsible for her accident and sustained 100,000 worth of injuries, she could recover 70,000 (70 percent) from the defendant.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

It is difficult to obtain enough calcium without consuming milk or other dairy foods.

Did you know?

Glaucoma is a leading cause of blindness. As of yet, there is no cure. Everyone is at risk, and there may be no warning signs. It is six to eight times more common in African Americans than in whites. The best and most effective way to detect glaucoma is to receive a dilated eye examination.

Did you know?

No drugs are available to relieve parathyroid disease. Parathyroid disease is caused by a parathyroid tumor, and it needs to be removed by surgery.

Did you know?

Certain topical medications such as clotrimazole and betamethasone are not approved for use in children younger than 12 years of age. They must be used very cautiously, as directed by a doctor, to treat any child. Children have a much greater response to topical steroid medications.

Did you know?

Since 1988, the CDC has reported a 99% reduction in bacterial meningitis caused by Haemophilus influenzae, due to the introduction of the vaccine against it.

For a complete list of videos, visit our video library