[Diving Fiasco] Rogerio, Who Owns a Dive Shop in the U.S

question 7

Multiple Choice

[Diving Fiasco] Rogerio, who owns a dive shop in the U.S., takes a group of his customers diving in U.S. waters. Rogerio is aware that the area where the divers will be visiting is occasionally visited by sharks. He is also aware that, while sting rays are usually tame, they can become aggressive when fed. Rogerio did not reveal the information about sharks or sting rays to the group of divers going with him because, in his experience, as soon as customers hear of a hint of danger, they refuse to pay and go on the trip. The divers go down into the water, and some have squid with which to feed the sting rays. During the dive, one of the sting rays becomes agitated and lashes diver Tamika's arm. Tamika is so disconcerted that she drops her regulator (breathing device) from her mouth and is in considerable distress. Another diver, Billy, encounters a shark which snaps at him. Fortunately, the shark does not bite him but does damage his diving equipment. He is also in distress. Rogerio, who is in charge of the dive, does nothing and just returns to the boat because the dive turned out to be more trouble than expected. Claudia, 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 assist them, but in the process, he injures his back and requires medical care. All divers return to the boat and are very unhappy with Rogerio.
-The diver whose equipment was damaged because of the shark incident, Billy, wants to sue Rogerio for damages. Which of the following is the most likely result?

• A) Billy will win because Rogerio should have warned him about the occasional appearance of sharks.
• B) Billy will lose because Rogerio had no duty to warn him of anything.
• C) Billy will lose because he did not sustain physical injury.
• D) Billy will win only if he can establish that he had a contract with Rogerio whereby Rogerio agreed to reveal harmful conditions.
• E) Billy will win only if he can establish that he did not have insurance to cover the equipment.

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Definitions:

Anonymous Questionnaire

A survey or form designed to gather information anonymously, ensuring the privacy and confidentiality of respondents.

Female Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature targeted towards females.

Survey

A survey is a research method used for collecting data from a predefined group of respondents to gain information and insights on various topics of interest.

Double-Blind Control

A study or experiment design in which neither the participants nor the experimenters know who is receiving a particular treatment, to prevent bias.