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

question 30

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.
-Is Rogerio liable for the injuries Sam sustained in coming to the rescue of the divers in distress?

• A) Rogerio is not liable for Sam's injuries because Sam had no legal duty to come to the aid of the other divers.
• B) Rogerio is not liable for Sam's injuries because Sam assumed the risk of harm.
• C) Rogerio is not liable for Sam's injuries because the shark attack constituted a superseding cause of the injuries.
• D) Rogerio is liable for Sam's injuries only if he made them worse by not getting Sam medical attention on a timely basis.
• E) Rogerio is liable for Sam's injuries under the danger invites rescue doctrine.

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Definitions:

Thermoregulation

The process by which the body maintains its core internal temperature.

Rectal Thermometer

A medical device used to accurately measure body temperature via the rectum.

Impaired Thermoregulation

A condition where the body cannot maintain its normal temperature due to disrupted heat production or loss processes.

Impaired Cognition

A reduction in an individual's ability to think, concentrate, formulate ideas, reason, and remember, which may affect daily functioning.