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African Institute Falling Beam Caused by Breach of Duty in Construction Project Ques

 

Parsons, a pedestrian watching a construction project, sees that a metal beam being lifted
by a crane is about to drop on some unsuspecting workers. Thus, he rushes to the scene to
warn the workers. For his efforts, he is struck by the falling beam. He sues the
construction company in negligence. Which of the following is true? Assume that the
falling beam was caused by a breach of duty on the company’s part.

A) Parsons will recover against the company.

B) Parsons will not recover, because it is not foreseeable that a pedestrian would run
onto the scene of an accident such as this.

C) Parsons will not recover, because he knowingly and voluntarily assumed the risk of
being struck by the beam.

D) b and c are both true.