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The Raging Waves Rafting Company Takes Tourists on Half-Day Whitewater

Question 123

Multiple Choice

The Raging Waves Rafting Company takes tourists on half-day whitewater rafting trips in the Colorado mountains.All patrons sign an agreement that states in part that,"Raging Waves will not be liable for any injuries whatsoever cause by Raging Waves,whether caused intentionally,by negligence,or in any other manner." During the first hour,the guide negligently allowed the raft to hit a large rock,causing Heather to fall out of the raft and injure her arm when she crashed into this rock.Later on the trip,as Heather was criticizing the guide for the earlier incident,the guide got upset and hit her on the back with a paddle.This injured Heather's back.Assuming that the rafting company is responsible for the actions of its employees,can Heather recover for the injuries to her arm and back?


A) She can recover for neither injury because of the exculpatory clause.
B) She can recover for the back injury, but not for the injury to her arm.
C) She can recover for the arm injury, but not for the injury to her back.
D) She can recover for both injuries because the exculpatory clause is against public policy.
E) She can recover only if she can show that there had been no prior accidents about which she should have been aware to put her on notice of danger.

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