Question: What defense should Seguin assert? Will he likely be successful? Explain your answers. An important issue in this case is whether the state statue establishing
What defense should Seguin assert? Will he likely be successful? Explain your answers.
An important issue in this case is whether the state statue establishing that water skiers assume the risks inherent in the sport bars Vela's suit. If you were the judge, what would your decision be on this issue? Explain your answer.
Assume that the court concludes that the statue applies only to water skiing and not to wakeboarding. Will Vela's lawsuit likely be successful? Explain your answer.
Now suppose that the jury concludes that Vela was partly at fault for the accident. Under what theory might his damages be reduced in proportion to the degree to which Vela contributed to the accident and his resulting injuries? Explain your answer.
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