A local regulation in a beach community mandated that, in or…
A local regulation in a beach community mandated that, in order to protect swimmers and surfers from injury, jet skiers were not permitted to come closer than 400 feet of the shore. A jet skier was riding his jet ski 400 feet from the shore when a speedboat suddenly came towards him. The speedboat driver was not paying attention and did not see the jet skier. Immediately before they were about to collide, the jet skier was forced to swerve towards the shore. In doing so, he accidentally hit a surfer 375 feet from the shore. The surfer was injured and sued the jet skier for damages. At trial, the jet skier established that if he had let the speedboat strike him, both the speedboat and the jet ski would have sustained considerable damage, and there was a reasonable likelihood that the jet skier would have been seriously injured or died. Will the surfer recover?
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