Question
47. AAA Co. builds a footbridge over railroad tracks that have electrified power lines strung above them to provide power to the trains. AAA Co.
47. AAA Co. builds a footbridge over railroad tracks that have electrified power lines strung above them to provide power to the trains. AAA Co. considers two different options to protect against the risk of pedestrians on the footbridge somehow coming into contact with the electrified power lines. One option is five times more expensive than the other but past experience indicates that it is ten times more effective. AAA Co. opts for the cheaper, less effective option. BBB, a pedestrian, comes into contact with the electrified power lines when trailing a long wire over the edge of the footbridge. Which of the following statements most accurately states the proper analysis of the related questions of risk and precaution?
-AAA Co. should not be held to have been negligent because it considered the risk and spent some money on precautions that were effective to some extent
-AAA Co. must necessarily be regarded as negligent because it deliberately chose the less effective option to guard against a known risk
- AAA Co. should be regarded as negligent because the option it chose was less cost-effective than the option it rejected (one-fifth of the cost but one-tenth of the effectiveness)
-AAA Co. may not have been negligent if the precautions it took were reasonably effective given the magnitude of the risk, even though it could have achieved greater effectiveness at greater expense
48. Someone who is injured by a product that she purchased new could recover on the basis of:
Negligence or strict liability
Breach of warranty, negligence or strict liability
Breach of warranty or negligence
Breach of warranty or strict liability
Breach of warranty
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