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42. If the trespasser sues the vintner to recover damages for his injuries, will the trespasser prevail?
A vintner is the owner of a large vineyard and offers balloon rides to visitors who wish to tour the grounds from the air. During one of the rides, the vintner was forced to make a crash landing on his own property due to high winds. Without the vintner's knowledge or consent, a trespasser had entered the vineyard to camp for a couple of days. The trespasser was injured when he was hit by the basket of the descending balloon.
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A is incorrect. The vintner only has a duty of reasonable care for an activity that has a foreseeably harmful result to a specific plaintiff or a potential plaintiff in the zone of danger. The facts do not indicate that visitors were known to frequent the property where the vintner was forced to land. The vintner has no duty to an unknown and unforeseeable trespasser.
C is incorrect. The facts do not support an inference that ballooning is an ultra-hazardous or abnormally dangerous activity.
D is incorrect. The facts give no indication that the vineyard was frequented by trespassers and specifically states that the trespasser was there without consent or knowledge of the vintner.