Reference no: EM13257074
Harvey had a pet snake in his home - an Australian Taipan. This is arguably the most lethal snake in the world, and each snake's venom is sufficiently potent to kill nearly 100 humans. To keep the snake secure, Harvey had the latest equipment and processes in place. He used double-glass walls with a gas in between the glasses that is lethal to reptiles, but not to humans. He has the lid bolted down with a combination lock, so that no one can raise the lid without knowing the combination, and he has warning signs both on the cage and in the room to alert visitors that there is a deadly snake in this cage in the room. He also has a combination lock on the door of the room, and only he has that combination. Nevertheless, during a tornado the room's walls blow out, the snake cage breaks, and the Taipan slithers off and eventually bites and kills a clean-up worker. Which of the following is most correct?
A) Harvey is liable for the tort of the wrongful death of the clean-up worker if keeping a Taipan is determined to be an ultrahazardous activity.
B) Harvey is liable for the wrongful death of the clean-up worker unless it is established that the measures he put in place to protect people from the snake were state-of-the-art and could not have been better.
C) Harvey is liable for the wrongful death of the clean-up worker if it is established that the measures he put in place to protect people from the snake were state-of-the-art and could not have been better.
D) Harvey is liable for the wrongful death of the clean-up worker if it is established that the proximate cause of the worker's death was an act of God, or if the Taipan confesses that it was the snake's idea to bite the worker.
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