Well, sir, I would posit that the basis would be negligence. It would have to be the negligence of the operator, that the operator carried out an unsafe operation and, as in any other case when you're trying to assert damages against someone other than where you have strict liability--which you do not have here--you would have to prove your damages. First you have to prove, in tort law, that the operator owed you a duty, that there was a breach of the duty and you suffered damages, as in any other court case. Then the operator would be able to set up his limitation of liability pursuant to part 3 of the act, in the manner in which Mr. Rysanek described.
On April 21st, 2009. See this statement in context.