Question

A hiker in an isolated area encountered a cross-country skier who had broken her leg. The hiker created a makeshift sled and began pulling the skier to the nearest road. As the hiker was pulling her across the ice of a lake, the ice gave way and they went into the water. The hiker was unable to get out of the water and drowned. The skier was able to pull herself to shore and eventually was rescued. However, she suffered severe hypothermia and lost some of her toes to frostbite as a result of being in the water. Does the skier have a cause of action for damages against the hiker's estate

Answer 1

No, unless the hiker acted negligently in attempting to cross the ice.

Step-by-step explanation:

Negligence

This is simply regarded as when an individual alter or breach the legal duty expected of them to take care by the defendant that has brought about loss to the person laying the claim.

Duty

This is simply known as caring for people in general, it is the extent of care which an individual would use under the same or similar circumstances to protect themselves and others from injury.

For a person to claim in negligence and wins, several factors must be handled. such as

1. Loss or damage of known effect sustained by the claimant

2. The existence of a sense of care owed by the defendant to the claimant

3. Breach of that duty by the defendant

4. Proof that the breach caused the damage etc

in some cases. there are other reasons where courts have determined that the defendant does not owe any duty, or owes only a limited duty, it includes

1. when there are liability cases that is the plaintiff is injured by a condition on the defendant's property.

2. If the defendant's negligence is due to inability to help or rescue the plaintiff. etc.

In this case, the hiker helped as soon as the incidence happens.