Assignment title: Management
Healthcare
Q
Kim rode each day as a passenger on a Dream jet ski operated by her boyfriend Giles at Pittwater NSW during the summer holidays. On New Years Day 2015, the jet collided with a large boat owned and operated by Dennis. Kim suffered permanent brain damage. She has been left with the mental capacity of a small child and a need for lifetime medical and personal care. Giles suffered a couple of broken bones but otherwise, only minor injuries. Dennis was not injured. The jet ski was totally destroyed. The larger boat suffered $72,000 worth of damage, and has been repaired.
The police have determined that Dennis was intoxicated at the time of the accident and that both craft were travelling at excessive speeds. Giles has said that he was unable to avoid the boat because he had let go of the hand controlled throttle and was unable to steer because of the position it was in after that. Other evidence indicates that this was largely responsible for the extent of the injuries to Kim. A person who performs maintenance on Dream jet skis is prepared to give you a copy of a report by the Dream engineer showing that Dream knew of the problem with the throttle and could have fixed it for $30/jet ski.
Dream Jet Skis are manufactured in the USA and imported into Australia, and sold by Samson Watercraft Pty Ltd. Kim and Giles hired the jet ski from Samson at the Samson Marina at Palm Beach, NSW.
Kim's parents seek your legal advice:
· What legal action (if any) can they take (and, against whom) to seek compensation for Kim and the cost of her projected care needs?
· What potential remedies are available to Kim?