How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Scott Your Own Question

Scott, MIT Graduate
Category: Homework
Satisfied Customers: 3040
Experience:  MIT Graduate (Math, Programming, Science, and Music)
Type Your Homework Question Here...
Scott is online now
A new question is answered every 9 seconds

3. (TCO C) One summer, David Baxter and his wife, Melissa,

Customer Question

3. (TCO C) One summer, David Baxter and his wife, Melissa, were on their new boat with another couple, tubing on the Mississippi river. David and the other couple had been drinking all day, "about seven or eight beers each and some Crown Royal," although Melissa wasn't drinking due to being pregnant. As he prepared to jump into the water to tube, David's feet slipped out from under him, and he fell into the water, hitting the back of his head and neck on the ladder, knocking him out cold. He slipped under the water and drowned. The other members of the party didn't notice his absence until a passing barge pilot got their attention. He had seen the entire thing through his binoculars; he had been watching Melissa and her friend Angela (who were in bathing suits). Despite an immediate search and rescue attempt by the coast guard, David was not saved. Melissa alleged that the surface of the boat floor where David was standing and preparing to jump into the water was unreasonably slippery. In fact, at issue in the case was the manufacturing process used in coating the flooring. Melissa (and her attorney) felt that a nonslip surface should have been placed on the floor of the boat. The safety manual that came with the boat included these clauses:

"CAUTION: Wet surfaces can be slippery. Passengers should wear adequate deck shoes while boarding and underway to avoid accidental slipping and injury."

"CAUTION: Deck areas and swim platform are slippery when wet. Passengers must be careful when passing through companionway to prevent accidental slipping or tripping. Passengers should wear adequate deck shoes at all times to prevent accidental slipping. Passengers must stay off swim platform while underway to prevent falling overboard."

No warnings existed, however, in view of the passengers on the boat.

(25 points) What potential legal theories of recovery can and should Melissa allege against the following parties (provide support for your answer)?

I. The boat manufacturer
II. The boat seller
III. The coast guard

(15 points) What legal theories of defense can and should each of the above three parties use? Provide support for your answer. (Points : 40)
Submitted: 5 years ago.
Category: Homework

Related Homework Questions