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Unformatted text preview: Bigan was not responsible to warn Yania of the dangerous condition that his property had because there was neither concealment nor failure to warn. Lastly, there was no legal obligation for Bigan to rescue Yania. Reasoning: Bigan was not responsible because the court found that he had no legal fault in the death of Yania. Had Yania been a child of tender years or a person mentally deficient then it is conceivable that he could have been responsible for actionable negligence. Also, because Yania was a coal strip mine operator the condition and the safety of the trench was as obvious and apparent to him as it was to Bigan. Lastly, Bigan was not responsible for Yanias death because the court found that Yania voluntarily placed himself in the way of danger, ad his death was a result of his own act. Also the law imposes on Bigan no duty to rescue....
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- Spring '08