Torts and Personal Injury

In: Other Topics

Submitted By breezygirl
Words 818
Pages 4
FACTS

Melissa who owns a contracting company, hired by the state of Ohio to perform road repairs including using dynamite to blast dangerous rock and overhangs. The company closes down the road and proceeds with the dynamiting. The guard hired to make sure no cars enter the area falls asleep while on duty. Jim, who did not see road closure signs drives into the danger zones causing his car to get hit by falling rock and Jim suffers severe injuries from the company's negligence.

ISSUE (1)

The issue is whether, under Ohio law, will Melissa be liable under these circumstances.

RULES (1)

In Rich v. Ohio Underground, 1991 Ohio App. LEXIS 6155 (Ohio Ct. App., Montgomery County Dec. 16, 1991), "Strict liability is imposed on A when he or she engages in an extraordinarily hazardous activity that causes injury to B, not withstanding the lack of negligence on the part of A. The act itself is so exceptionally hazardous that the doing of it imposes an absolute duty to protect the public from any harm, regardless of any carelessness or negligence on the part of the actor. For example, the intentional use of explosives to excavate gives rise to an absolute liability for any injury occasioned as a result."

In Walczesky v. Horvitz Co., 26 Ohio St. 2d 146 (Ohio 1971), "Where explosives are used in such proximity to adjoining property that, regardless of the care used, the natural or probable result of the force of the explosion will damage a landowner's property, the user of such explosives is liable for the damages proximately resulting therefrom irrespective of whether the user of the explosives was negligent in conducting the blasting operation."

Analysis/Application (1)

As in Rich, "When a party is negligent in performing a duty that it has assumed by contract and that negligence is the proximate cause of another party's injuries, the negligent…...

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