Case 1

Jennifer lets her daughter Sophie drive the family boat when she is in the boat with her.Sophie has been driving the boat since she was 12 years old and is a very careful driver.On his 14^th birthday, Sophie was driving the boat and felt a bump and then heard screaming.Jennifer was down below in the boat and came racing up to the main deck.Miguel, a scuba diver had been resurfacing in the water when hit by the boat. Miguel had got disoriented in the water and came up very far from where his dive flag was.Miguel's arm was almost completely severed.Jennifer and Sophie got Miguel in the boat, wrapped his arm tightly and sped to the marina after calling for an ambulance to meet them there.

When they got to the marina, Randy and Courtney, the owners of the marina, helped move Miguel off of boat and accidentally dropped him on his head.When the ambulance arrived, they forgot to tell them about the head injury.By this time, Miguel was unconscious. Miguel was admitted and examined by Dr. Limb.The doctor took Miguel to surgery and reattached the arm but failed to notice that there was a head wound and that Miguel had not regained consciousness. Because of this failure, Miguel suffered a brain bleed that caused a permanent injury that made it impossible for him to work ever again.

Miguel's family then sued the Jennifer, Sophie, the owners of the marina, the marina, Dr. Limb, and the hospital for the injuries suffered.

Explain what torts have been committed by each party, the arguments that can be used in defence and the liability which will likely be imposed on each of the parties.