The State of California hires AXA Construction, Inc. to do some excavating work on a freeway. The…

The State of California hires AXA Construction, Inc. to do some excavating work on a freeway. The State lays out the general objectives that AXA is to achieve but leaves the details of the job to AXA. The job involves digging trenches ten feet deep alongside the freeway to install water drainage pipes. Given the nature of the work, it is important to post flashing lights and warning signs to steer motorists away from the area. During the excavation, AXA carelessly failed to set up the lights and signs in one section of the freeway one night, and a motorist drove her car into a trench and was badly injured. If the motorist sues the State of California for AXA’s negligence,
the State isliable, because the work involved an inherently dangerous activity.
liable, under the doctrine of respondeat superior.
not liable, because AXA is an independent contractor.
liable, because the work involved a nondelegable duty.