1. What must the client prove to win a negligence case? Identify and discuss all relevant legal elements of this cause of action.2. How does premise liability impact your case? Identify and discuss all legal theories regarding premises liability.3. What are potential legal defense? Identify and discuss all legal defense you may present in your efforts to prove that elements of negligence cannon be sustained by the plaintiff.4. What may you customer claim as a counter to your defense? How can the plaintiff respond to your defense in light of the circumstances? Identify and discuss all the legal theories and facts he can raise to counter any legal defense you present.

Discussions List > View Topic Settings Help Class Discussion One Subscribe Discussion Board One - Chapter 4 - Torts and Product Liability You have always been a fan of go-kart racing and have always known that you wanted to open your own go-kart racing track as a business. As a result, especially after your stellar grade in Business Law, you open your dream business and call it, "And They're Off" - Go-Kart Emporium. You know that this activity can be dangerous, so you have prepared a pre-race presentation detailing the risks and proper procedure for your customers. Additionally, you have prepared a waiver form which notes the customer has completed the pre- race training, and which also notes that the participant will be waiving the right to claim liability against your business, in the event they are injured. Before any customer is allowed to participate, they must sign the form recognizing they understand the potential risks. One day, a customer who took the prep training and signed the form gets hurt when he takes a turn too fast and loses control of his go-kart. Although it had rained earlier in the day, you felt the course was dry enough to open for business. His injury appears to be just a scraped knee and, at worst, a broken finger from when he fell out of the go-kart. You promptly call an ambulance, just to make sure he is attended to for liability purposes. While you are speaking with him, you note that it appears that English is not his first language. The ambulance technicians take the customer to the hospital for x- rays, but the emergency room doctor gives him medicine for pain which has a terrible reaction and he goes into a coma. Although he eventually recovers, he has lost significant cognitive ability and will require a great deal of follow-up care. He contacts a lawyer and sues your business for negligence for improper maintenance of the track. He claims that he lost control due to a wet track. He also claims that he did not know what the form was that you had him sign, due the language barrier. Required Discussion Points