Tony, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon tired and realized that he could not make it back to shore. Seeing Katrina, he cried out for help. Katrina, however, ignored the pleas. Tony was finally saved by someone else, but suffered partial brain damage by being submerged without oxygen for a number of minutes. Tony now sues Katrina for negligence for failing to save him. Tony will:
a. prevail because society places a duty on people to help each other and Katrina breached this duty, resulting in Tony's suffering injury.
b. lose even though Katrina had a legal duty to save him, since Tony will not be able to prove that Katrina's failure to act was the proximate cause of his injuries.
c. lose because a reasonable person could not have foreseen that someone in a recreation area could not swim well.
d. lose because Katrina had no legal duty to rescue him.
Answer: D
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