Henry is towing two water skiers on the Bandock River with the two experienced water skiers conducting "crossovers" where the skiers pass from side to side across the wake of the towing boat and across each other's paths. Henry is distracted momentarily and drives too close to a boat moored near the shoreline and to avoid a collision he manoeuvres quickly. In doing so, Megan, one of the water skiers that Henry is towing, is propelled into a pontoon and severely injured. Megan now wants recourse for her physical injuries through the law of negligence.

Required:

a) Identify the legal issues arising in negligence and advise Megan as to the likelihood of success.