Passenger departed on an ocean liner knowing that it would be a rough voyage due to predicted storms. The ocean liner was not equipped with the type of lifeboats required by the applicable statute. Passenger was swept overboard and drowned in a storm so heavy that even a lifeboat that conformed to the statute could not have been launched. In an action against the operator of the ocean liner brought by Passenger's representative, will Passenger's representative prevail? 
Yes, because the ocean liner was not equipped with the statutorily required lifeboats.  Yes, because in these circumstances common carriers are strictly liable.  No, because the storm was so severe that it would have been impossible to launch a statutorily required lifeboat.  No, because Passenger assumed the risk by boarding the ocean liner knowing that it would be a rough voyage. 