The state of Indiana hires the Reliable Construction Company to do some excavation work on an interstate highway.The state lays out the general objectives that Reliable has to achieve,but the details of the job are up to Reliable.The job involves digging holes ten feet deep,the whole way,across the highway.Given the nature of the job,it's important that Reliable be especially careful in putting up flashers and warning signs to steer oncoming motorists onto a detour.Reliable,however,does not do an adequate job in this regard and motorists are continually driving their cars into the construction area at high speed.One of these drivers,Tim,is unable to stop in time,and drives his car into the hole,suffering severe personal injury and damage to his car.Tim sues Reliable and the state for Reliable's negligence.In this case:

A) the state is liable under the doctrine of respondeat superior.
B) the state is not liable because Reliable is an independent contractor.
C) the state is liable for Reliable's failure to take requisite special precautions.
D) the state is not liable because it was not negligent.

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Romaine Phipps · Accepted Answer

Final Answer : C, Explanation :  A principal is liable for a nonemployee agent's negligent failure to take the special precautions needed to conduct certain highly dangerous or inherently dangerous activities.Examples of such activities include excavations in publicly traveled areas,the clearing of land by fire,the construction of a dam,and the demolition of a building.

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