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

question 45

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.
-Did Claudia and Sam have a duty to aid the divers in peril?

• A) Neither Claudia nor Sam had a duty to go to the aid of the divers who were in peril.
• B) Claudia and Sam had a duty to go to the aid of the divers in peril only if Rogerio refused to do so.
• C) Claudia 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) Claudia 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 Claudia 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.

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