Question
Derek owned a small farm near the town of Oroville. The water to all of Derek's farm other than his house water was supplied by
Derek owned a small farm near the town of Oroville. The water to all of Derek's farm other than his house water was supplied by a well drilled by a previous owner a few hundred feet behind Derek's barn on the property. The well water became contaminated with arsenic. Kenzie, who lived in Oroville, was out hiking on the rural roads on a very hot summer day when she got tired and decided to take a shortcut back to town over the farm fields. As she passed through Derek's farm, she noticed the well and stopped to take a long drink of the cool water. The arsenic content of the water was sufficiently high to make Kenzie immediately ill. Derek discovered her unconscious body a few hours later and rushed her to the local hospital. Kenzie brought an action for personal injuries against Derek arising from her drinking the contaminated water. The court will find for:
Select one:
A.Derek, only if Kenzie was the first person ever to enter upon his farm without permission.
B.Derek, unless the well could be said to be an "attractive nuisance" under these circumstances.
C.Kenzie, only if Derek knew that the well water was contaminated.
D.Kenzie, only if Derek reasonably should have known that the well water was contaminated.
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