The focus of this paper is negligence and premises liability. What is the standard of care and are there any intervening issues that might help in your research? Do not limit your paper to these issues. Your focus will be primarily Washington State case law. Procedure 1. Read the fact pattern (see below) Do legal research for precedent at both the federal and state level You are to prepare a five to twelve-page case analysis. The points below are to be covered in your analysis. You need to include a cover page (this is not part of the five to twelve pages). List what are the legal issue(s) facing the plaintiff or defendant

. Discuss the exact facts that lead you to identify these issues (not all facts).

What is the applicable law and how does it relate to the facts (your analysis)?

What outcome do you believe the court will come to (conclusion)? Grading based on the following: Issue(s) clearly stated 10% Exact facts given to support issues not too much nor too little 10% Law and Citations 10% Precedent & Analysis 50% Conclusion 10% English Composition & format 10% Use the above format to identify the issues, relevant facts, the rule of law (use prior case holdings, statutory law, administrative law, etc.), develop an analysis of facts and law, and state your conclusion. Your analysis must support your conclusion.

Facts: September 15, 2022, Elizabeth, and Webster Jones were finally on the Hawaiian honeymoon they had delayed due to the COVID-19 pandemic. The couple is from San Francisco Bay Area, and both have graduate degrees from Stanford University. The couple booked a snorkeling expedition with the company Maui Deep Dive. The Jones and 42 other passengers took a vessel to the waters between the islands of Lanai and Maui for the first two dives of the day. All snorkeling participants are required to sign the following document before being allowed on the boat.: ASSUMPTION OF RISKS Snorkeling is an active sport, with significant inherent risks, dangers, and hazards which can result in serious injury, or death. By choosing to participate, I freely agree to assume and accept all known risks of injury while snorkeling, and agree to Release both the Operator, and all those associated with Maui Deep Dive, from and all Liability, for any loss, damage and/or injury that I may suffer while snorkeling from any cause whatsoever. After an hour on the first dive, Elizabeth and Webster attempted to swim back to the boat but found that they were not getting any closer. The Jones started swimming harder for about 15 minutes. The water was getting rougher, and the Jones were not getting any closer to the boat. The Jones stated We were trying to swim toward the boat, and the water was getting rougher. We thought the current was running against us until we realized it wasnt the current, but the boat was leaving the dive area without us. We were about 100 yards from the boat. Elizabeth and Webster survived the ordeal with a harrowing swim to shore, but they were badly shaken. The Jones contend they are suffering from PTSD symptoms, including sleeplessness, stress, anxiety, and fear of the water. Both Elizabeth and Webster had been avid divers for over 6 years but now are afraid to even swim in a swimming pool or go in a hot tub. The couple is suing Mauri Deep Dive and the boats captain, alleging negligence and infliction of emotional distress. According to the complaint, the boats crew miscounted the passengers on the vessel before departed for the second dive spot, leaving Elizabeth and Webster behind. One passenger told a crew member that the couple were still in the water as the boat prepared to depart for the second dive location. The crew member assured the passenger that all 44 divers had returned to the boat and were accounted for. However, another crew member performed two headcounts and came up with 42 passengers. A third count was performed with a clicker and the count was 44. The boat then departed, leaving the couple about a half a mile off the coast in worsening conditions as waves grew between 6 and 8 feet in height. Elizabeth and Webster began to panic and were struggling to swim in the ocean conditions. The Jones feared that drowning was imminent. Elizabeth and Webster decided to head to the Lanai shoreline, which the Jones had been told to avoid because of shallow reefs. Elizabeth and Webster eventually made it to shore, where they wrote SOS and Help in the sand and attempted to wave down a passing speed boat, to no avail. Eventually, two Lanai residents found the couple, gave them water and allowed them to use a cell phone. About and hour and half after the boat left the first dive spot, Webster contacted Maui Deep Dive via phone and stated the boat had abandoned them at sea. Maui Deep Dive did not realize anyone was missing abord the charter. The next day Elizabeth and Webster retrieved their personal belongings that had been left on the boat during the time they were snorkeling. Elizabeth and Webster Jones filed a lawsuit against Maui Deep Dive under the concept of negligence. You represent Elizabeth and Webster.