Summary: A Claim For Negligence

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A Claim for Negligence

http://www.cbc.ca/news/Canada/british-columbia/tofino-whale-watching-accident-investigation-1.3291530

On Sunday, October, 25,2015, a whale-watching tour boat departed Tofino, British Columbia, Canada. The boat, named, The MV Leviathan II was a 20-meter vessel and had 27 people aboard, 24 passengers and 3 crew members. An accident occurred on this tour. Near the popular sea lion viewing spot of the rocky west coastline of Vargas Island a wave collided with the boat causing devastation. Most of the passengers were on the top viewing deck when a wave causing the boat the roll and capsize causing the deaths of 6 passengers. 21 people were rescued by emergency …show more content…
One or all could attempt to prove, that a legal claim for negligence might be made against Jamie's Whaling Station Ltd., the owner/ operator, crew, and or captain. The plaintiff must prove one or all of the defendants owed a duty of care to the passengers on the tour to act carefully towards the situation. and that the defendant breached the standard of care by acting carelessly which caused harm, damages, injury, or death to the plaintiffs (McInnes 135) The plaintiff could claim Jamie's Whaling Station Ltd. is responsible for the safety of all persons on-board the passenger boat on the whale watching tour. The parties shared a commercial relationship and the plaintiff relied on the fact that the defendant represented that they would act in a certain professional way.(McInnes 139)The plaintiff could argue that Jamie's Whaling Station Ltd. did not use reasonable care to avoid damage to the plaintiff..(McInnes 156) that it was reasonably foreseeable that the carelessness of the defendant might cause damage to the …show more content…
The tort of negligence determines whether a defendant could be held liable for injuring the plaintiff in a careless way. I think the plaintiff knew the risks in signing a waiver and gave up there rights when they signed. If the waiver is legal and there was nothing illegal going on I think the defendants have a complete defense with the evidence presented in the

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