Ford was seriously injured when his head struck a tree limb as he was waterskiing backwards and barefooted. Ford sued Gouin, the driver of the boat that was
towing him, for causing him to go too close to the riverbank and hit the
overhanging limb. A law stated that “No person shall operate ... any vessel,
tow rope, or other device by which the direction or location of water skis ... may
be affected or controlled so as to cause [them] or any person thereon, to collide
with, or strike against any object or person.” Ford argued that a special
(plaintiff's) negligence doctrine should apply. Is he correct