Construction Company contracted to build a laundry for Wash Company on the latter's vacant lot in a residential area. As a part of its work, Construction Company dug a trench from the partially completed laundry to the edge of a public sidewalk; water pipes were to be installed in the trench. Because of the contour of the land, the trench was dug to a depth ranging from seven to nine feet. Construction Company did not place any barriers around the trench and permitted it to lie open for almost a week while Construction Company waited for delivery of the water pipes. This was known to Wash Company, but it raised no objection. During the time the trench was open, a series of heavy rains fell, causing five feet of surface water to gather in the bottom of the trench. While this condition existed, five-year-old Tommy, who was playing on the vacant lot with friends, stumbled and fell into the trench. Robert, an adult passerby, saw this and immediately lowered himself into the trench to rescue Tommy. However, his doing so caused the rainsoaked walls of the trench to collapse, killing both him and Tommy. In a claim for wrongful death by Tommy's administrator against Construction Company, the most likely result is that the administrator will
recover, because Construction Company left the open trench unprotected.  recover, because construction companies are strictly liable for inherently dangerous conditions.  not recover, because Tommy was a trespasser.  not recover, because Tommy's death was a result of the collapse of the trench, an independent intervening cause
Question: Construction Company contracted to build a laundry for Wash Company on the latter's vacant lot in a residential area. As a part of its work, Construction Company dug a trench from the partially completed laundry to the edge of a public sidewalk; water pipes were to be installed in the trench. Because of the contour of the land, the trench was dug to a depth ranging from seven to nine feet. Construction Company did not place any barriers around the trench and permitted it to lie open for almost a week while Construction Company waited for delivery of the water pipes. This was known to Wash Company, but it raised no objection. During the time the trench was open, a series of heavy rains fell, causing five feet of surface water to gather in the bottom of the trench. While this condition existed, five-year-old Tommy, who was playing on the vacant lot with friends, stumbled and fell into the trench. Robert, an adult passerby, saw this and immediately lowered himself into the trench to rescue Tommy. However, his doing so caused the rainsoaked walls of the trench to collapse, killing both him and Tommy. In a claim for wrongful death by Tommy's administrator against Construction Company, the most likely result is that the administrator will
A. recover, because Construction Company left the open trench unprotected. 
B. recover, because construction companies are strictly liable for inherently dangerous conditions. 
C. not recover, because Tommy was a trespasser. 
D. not recover, because Tommy's death was a result of the collapse of the trench, an independent intervening cause
Answer: