Last year, Clarice Bernal took her 2-year old daughter to the California State Fair in Sacramento. At the Fair, she paid $12 for her and her daughter to ride Whaler's Adventure, a boat ride through a mini fairytale coastal village. Each open-air boat held about 25 people, and was operated by a single individual at the front of the boat. The boat ride took about 15 minutes to complete, and was free-floating as there was no room for a track in the three-feet deep route. Before entering the queue for Whaler's Adventure, there was a large metal sign posted at the turnstile. The sign listed various rules governing guests' behavior, including the following: "Guests are advised to remain seated during the entire journey. Other than instructed by personnel, guests may not stand up nor make any sudden movements which may cause disruption to the safe operation of the ride." In smaller letters at the bottom of the sign, it said: "Pregnant women and small children should ride at their own risk." As she was boarding the boat, Clarice noticed four teenagers sitting in the rear of the boat who were cursing and generally being rude and disruptive. Because she did not want to cause a scene, she did not say anything to the teenagers nor the attendants for the ride. About halfway through the journey, in an attempt to scare the other riders, the unruly teenagers began to violently sway in unison, back and forth, causing the boat to rock. Brandon, the sole operator, turned around and warned the teenagers to stop their behavior immediately. But, because he was at the front of the boat operating the controls, he was unable to take any physical action against the teenagers. Other passengers tried to get the teenagers to stop their swaying, but to no avail. Unfortunately, because of the teenagers' behavior, the boat capsized, dumping everyone into the water. As life vests were not required under California law for this type of ride, Clarice found herself and her daughter fully submerged. Fortunately, Clarice was able to hold on to her daughter, and was able to swim to safety. Both of them suffered some minor bumps and bruises, but both were very distraught. Subsequent investigation showed these same teenagers had been removed from three other rides earlier that afternoon at the Fair due to their disruptive behavior. All of the rides at the Fair were owned and operated by GCI International, Inc., a California corporation ("GCI"). GCI leased the location for Whaler's Adventure from the Fair, and GCI hired all of the individuals running Whaler's Adventure as independent contractors. Prior to being hired, all individuals were required to sign an agreement indicating they satisfied the minimum required qualifications for their positions, had attended safety training, and acknowledged they were able to sign up to work whatever shifts they chose themselves. Each individual was required to wear a GCI uniform, as required under the rules of the Fair. You represent GCI. You will be defending the lawsuit filed by Clarice Bernal for the injuries suffered by her and her daughter. You must anticipate what causes of action she might bring against you, and then try to defeat her case through oral arguments this coming Saturday. Make sure you consider any defenses GCI can raise as well.

Answer rating: 100% (QA)

Potential Causes of Action by Clarice Bernal 1 Negligence Clarice may argue that GCI breached its duty of care by failing to ensure the safety of ride... View the full answer