Asked by Madison Brewer on Apr 29, 2024
Verified
Diving Fiasco.Mike,who owns a dive shop in the United States,decides to take a group of his customers diving in U.S.waters.Mike is aware that sharks occasionally visit the area where the divers will be visiting.He is also aware that,while stingrays are usually tame,they can become aggressive when fed.Mike does not reveal that information to the group of divers going with him.The divers go down into the water,and some have squid with which to feed the stingrays.During the dive,one of the stingrays becomes agitated and latches onto diver Susie's arm.Susie is so disconcerted that she drops her regulator (her breathing device) from her mouth and is in considerable difficulty.Another diver,Billy,encounters a shark,which snaps at him.While the shark does not actually bite Billy,the attack results in damage to his diving equipment.Mike,who is in charge of the dive,does nothing to help and leaves the other divers to return to the boat because the dive turned out to be more trouble than expected.Wendy,another diver on the trip,also returns to the boat without doing anything to help the divers in distress.Sam,on the other hand,goes to rescue the divers who are in distress.He manages to do so but in the process he pulls his back and requires medical care.All divers are very unhappy with Mike.Which of the following is true regarding whether Wendy and Sam had a duty to come to the assistance of the divers in peril?
A) Neither Wendy nor Sam had a duty to go to the aid of the divers who were in peril.
B) Wendy and Sam had a duty to go to the aid of the divers in peril only if Mike refused to do so.
C) Wendy and Sam did not have a duty to go to the aid of the divers in peril unless they were the first to see the problem.
D) Wendy and Sam had a duty to assist the divers in peril only if they were acquainted prior to the dive with the divers who were in peril.They had no duty to help strangers.
E) Sam and Wendy had a duty to help the divers who were in peril if personal safety was involved but not if the only issue was damage to property.
Duty to Assist
The obligation to provide necessary information, support, or assistance in certain contexts, such as employment or insurance claims.
Diving Equipment
Apparatuses and tools specifically designed for subaquatic exploration and activities, such as scuba tanks and wetsuits.
Personal Safety
Measures and practices adopted to prevent or reduce the risk of harm to oneself from accidents, violence, or health hazards.
- Determine and clarify the legal commitments and duties that manifest in certain cases, encompassing the duty to aid and responsibility in animal-related situations.
Verified Answer
SK
Sudhakar KanagalaMay 02, 2024
Final Answer :
A
Explanation :
In terms of negligence liability and the corresponding duty of care,in most situations the law holds that individuals have no duty to rescue strangers from perilous situations.
Learning Objectives
- Determine and clarify the legal commitments and duties that manifest in certain cases, encompassing the duty to aid and responsibility in animal-related situations.