Answer:
No, unless the hiker acted negligently in attempting to cross the ice.
Explanation:
Negligence
This is simply regarded as when an individual alter or breach the legal duty expected of them to take care by the defendant that has brought about loss to the person laying the claim.
Duty
This is simply known as caring for people in general, it is the extent of care which an individual would use under the same or similar circumstances to protect themselves and others from injury.
For a person to claim in negligence and wins, several factors must be handled. such as
1. Loss or damage of known effect sustained by the claimant
2. The existence of a sense of care owed by the defendant to the claimant
3. Breach of that duty by the defendant
4. Proof that the breach caused the damage etc
in some cases. there are other reasons where courts have determined that the defendant does not owe any duty, or owes only a limited duty, it includes
1. when there are liability cases that is the plaintiff is injured by a condition on the defendant's property.
2. If the defendant's negligence is due to inability to help or rescue the plaintiff. etc.
In this case, the hiker helped as soon as the incidence happens.
