ConstructCo was involved in a landfill operation next to a b…
ConstructCo was involved in a landfill operation next to a busy highway. At various times large heaps of dirt were piled up on the site. The construction superintendent noted that some small children that lived in a nearby residential development had taken to sledding down the mounds of dirt. Since the dirt sloped down towards the highway, the superintendent realized that it might be dangerous for the children. He considered moving the mounds but decided instead to post signs around the landfill site. The signs were situated every 10 yards, and stated in bold letters, “NO TRESPASSING – NO SLEDDING.” Despite the signs which he saw and read, Peter, a 10 year old neighborhood child, brought his sled to the development. He slid down one of the mounds of dirt and was propelled into the highway, where he was struck by a car and seriously injured. Assume the jurisdiction follows traditional contributory negligence rules. Is ConstructCo liable for Peter’s injuries?