Bethlehem Ice Solutions is a small, local ski and snowboard area in New York State. One Saturday in early April, after an unexpected snow storm, the slopes are crowded by a number of skiers and snowboarders taking advantage of one last weekend. The owners of Bethlehem, however, had no idea that this last snowstorm was comingthe latest the resort had ever been open was March. There was therefore some confusion among the staff and patrons as to what slopes were open and what slopes were closed, which slopes were groomed, etc.

Onto this scene comes Craig. He is a fairly proficient skier but by no means an expert. On his first run of the day, Craig goes to the top of the mountain where he encounters Dan and Abby, two employees of Bethlehem Ice Solutions. When he inquires as to which slopes are open and suitable for a moderately skilled skier, Dan and Abby direct him down Willie's Wander, a slope that has always been a relatively easy run. Unfortunately, Craig starts down the slope and quickly realizes that the slope has become much more difficult than usualhe is way out of his league. He then decides that he can't make it downhe takes off his skis and starts to walk down. Instead of walking straight down, however, he decides to cut across to a neighboring slope that is closer to the parking lot.

Alex is an expert skier, and, skiing down the neighboring slope, when out of the woods, directly in his path, comes Craig. The two collide and Alex is injured.

As is common these days, Alex sues everyone in sight, including Craig, Bethlehem Ice Solutions and its employees, Dan and Abby. Craig admits that he was negligent and settles with Alexhe is not a part of this lawsuit. Bethlehem Ice Solutions is being sued for the actions of its employees in sending Craig down Willie's Wander. Bethlehem refuses to settle and the case is now going to the jury after a court case in which the above facts have been determined and agreed upon during the testimony. There are no further factual disputes, and the only question is legal liability. what is the focus on the elements needed to defend against negligence?