This question should be answered in an IRAC format. Please include all relevant keywords, terms, and phrases when discussing each topic.
Matt purchased a rundown hotel in a downtown city in order to rebuild it into condos. He hired Marcos to implode the building. Marcos was very careful to ensure that there were warning signs and blocks creating a restricted area, to avoid any pedestrians or trespassers near the building during the implosion. In fact, Marcos is known for being more careful than the average company when it comes to implosions. Bill, a teenager who likes to explore, saw the signs but decided he wanted to be close to see the building implode. He disregarded the signs, and moved past the restricted area, closer to the building. As the building imploded, he was hit by a piece of debris and suffered a concussion.
What claims, if any, does Bill have against Matt and Marcos?
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People generally are not vicariously liable for the torts of their independent contractors. Is there an exception for ultra-hazardous activities? Think about how Marcos and Matt might assert an assumption of risk defense.
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