Question
During the summer months, Ontario Cruises Inc (OCI) operates pleasure cruises around Lake Ontario, one of the Great Lakes. The purchase of a ticket, for
During the summer months, Ontario Cruises Inc (OCI) operates pleasure cruises around Lake Ontario, one of the Great Lakes. The purchase of a ticket, for $50, entitles a customer to enjoy an informative and enjoyable cruise that lasts for about three hours. At the time of purchasing a ticket, a customer must sign a "Waiver of Liability." The relevant part of that document states, "The passenger accepts all physical and legal risks of loss or injury. Neither Ontario Cruises Inc nor its employees shall be responsible or liable for any loss or injury suffered by any passenger that is caused by the negligence of Ontario Cruises Inc or its employees." Ms Rose Adler purchased a ticket, read the "Waiver of Liability," and signed the document. The cruise was to be conducted aboard The Spirit of Ontario, which is one of OCI's ships. The boat sat alongside a pier that was owned and operated by the provincial government. Wallis Boatswain, a college student, was working during the summer for the province. It was his job to make sure that individualslike Rose Adlersafely got on and off boats that were next to the pier. Unfortunately, when Rose was about to board The Spirit of Ontario, Wallis's attention was focused entirely on an attractive young woman who was walking by. As a result of his carelessness, Rose stumbled, hit her head, and fell into the water. She suffered serious injuries. Rose has now sued OCI and Wallis Boatswain. If the company did anything wrong, it is protected by the "Waiver of Liability." Wallis argues that he is protected by the same document. Is that correct? Explain your answer
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