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:
a. lose based on consent
b. lose based on assumption of risk
c. lose based on contributory negligence d. win based on strict liability
e. will win based on intentionality
Question 2
In Smith v. Kulig, Smith was killed when visiting his friend who rented an apartment from Kulig, when the fire escape at the back of the building collapsed under Smith, the courts held that:
a. Kulig was not liable, but the tenant could be liable for allowing Smith to use the fire escape b. Kulig was not liable because there was no obligation to have a fire escape
c. Kulig was liable because building maintenance was inadequate
d. Kulig was liable because a property owner has an obligation to provide safe premises for tenants and their invited guests
e. none of the other choices
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