A hiker in an isolated area encountered a cross-country skier who had broken her leg. The hiker created a makeshift sled and began pulling the skier to the nearest road. As the hiker was pulling her across the ice of a lake, the ice gave way and they went into the water. The hiker was unable to get out of the water and drowned. The skier was able to pull herself to shore and eventually was rescued. However, she suffered severe hypothermia and lost some of her toes to frostbite as a result of being in the water. Does the skier have a cause of action for damages against the hiker's estate

Answers

Answer 1

Answer:

No, unless the hiker acted negligently in attempting to cross the ice.

Explanation:

Negligence

This is simply regarded as when an individual alter or breach the legal duty expected of them to take care by the defendant that has brought about loss to the person laying the claim.

Duty

This is simply known as caring for people in general, it is the extent of care which an individual would use under the same or similar circumstances to protect themselves and others from injury.

For a person to claim in negligence and wins, several factors must be handled. such as

1. Loss or damage of known effect sustained by the claimant

2. The existence of a sense of care owed by the defendant to the claimant

3. Breach of that duty by the defendant

4. Proof that the breach caused the damage etc

 in some cases.  there are other reasons where courts have determined that the defendant does not owe any duty, or owes only a limited duty, it includes  

1. when there are liability cases that is the plaintiff is injured by a condition on the defendant's property.

2. If the defendant's negligence is due to inability to help or rescue the plaintiff. etc.

In this case, the hiker helped as soon as the incidence happens.


Related Questions

Fiona has very vivid memories of a car accident she witnessed 3 years ago. If she closes her eyes and thinks about it, she feels like she can recall every detail, right down to the bumper sticker on one of the cars. Psychologists refer to vivid memories of this type as:

Answers

Answer:

Flashbulb memory

Eun Sun is a young and enthusiastic intern in a law firm and puts a lot of effort into her work. Her boss, however, never appreciates her work; he rather increases her workload every time she submits something for his approval. Though she is quite content with the nature of the work and the pay, Eun Sun is personally discontent with the work culture. On the basis of these factors, which of the following is most likely true of Eun Sun?

-Eun Sun lacks intrinsic motivation.
-Eun Sun lacks perceived organizational support.
-Eun Sun lacks extrinsic motivation.
-Eun Sun lacks both intrinsic and organizational support.

Answers

Answer:

It's option B. Eun Sun lacks perceived organizational support.

The reason I chose this option is that perceived organizational support means that an individual working for the company is receiving good remarks or support for their hard work done. This is exactly what Eun Sun is in need of but unfortunately, her boss, fails to understand this and instead keeps giving her a hard time. Now, only if he were to say things like, "thank you for your hard work," or " you did great", Eun Sun would probably want to work even harder and better. Supportive words and encouragement can take you far.

What is weapon plzz help​

Answers

Answer:

A weapon is a harmful device

Answer:

A tool used to generally kill people and animals.

Explanation:

Why Was The necessity of getting a constitution fromlated by a popularly elected constitution assembly felt after the second popular movement 2062 / 63 ? list the reasons.​

Answers

Answer:

kullabs:I n the history of Nepal, altogether 6 constitutions were promulgated. They were made by a single authority. All of them did not comprehend the sentiments of the people and their aspirations due to which Mass Movement 2062/63 took place and Loktantra was established. After the establishment of Loktantra in Nepal, the constituent assembly was conducted and thus, a constituent assembly was formed. It was formed to ensure better rights and freedom to the people.

Explanation:

I guess this is the answer but I don't know the reasons

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