Problem regarding the signs of agitation

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A secretary who worked for Sea World was asked if she would like to be a model in publicity pic- tures. The pictures would show her in a bikini, riding Shamu the killer whale. The secretary was warned in general terms that there was danger involved, but she was not told that Shamu had been conditioned to allow only people in wetsuits to ride her, that the whale had previously attacked people wearing regular swimsuits who were attempting to ride her, and that Shamu had been behaving erratically in recent months. During one of the rides on Shamu for the photo shoot, a trainer noticed that the whale was showing signs of agitation. On the next ride, the woman was thrown off and bitten on the legs and hips. Her wounds required over 100 stitches and left permanent scars. She sued Sea World. What should the court decide? Why? (Eckis v. Sea World Corp., 134 Cal. Rptr. 183 (Cal. App. 1976))

Reference no: EM131006934

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