Question
Case: In August 2019, an Ontario woman sued Holiday Resort Ltd. after her daughter broke her leg on the resort's waterslide. In court documents, the
Case: In August 2019, an Ontario woman sued Holiday Resort Ltd. after her daughter broke her leg on the resort's waterslide.
In court documents, the plaintiff said she visited the resort with her husband and young daughter.While at the resort, the plaintiff and her daughter decided to use the waterslide park.The plaintiff claimed that no signs were posted restricting the age of children allowed to use the facility. She took a ride on the waterslide with her 3-year-old daughter.
According to her court filing, the waterslide ride was very fast.While her daughter was sliding down the waterslide, her daughter fell over the side of the waterslide just before entering the pool.At the end of the slide ride, her daughter hit her head on the edge of the pool just before landing in the pool.Her daughter suffered serious head injuries.
According to the plaintiff, the next day the resort placed a sign prohibiting children under four years of age from using the waterslide.On behalf of her daughter, the plaintiff sued for damages and for past and future health care as her daughter began to recover from the injury. The lawsuitnamed Holiday Resort Ltd. and two employees in the claim.
Answer the following questions regarding this case.Add space as needed.
1.You have been hired to be the lawyer for the injured plaintiff.Identify four (4) important risks the company needed to manage for participants. For each risk, identify one action the company needed to take to limit that risk.
2.As the lawyer for the plaintiff, you would need to prove the four elements of negligence.For the four elements below, state whether you would be able to prove each of the elements by indicating Yes or No for each.Then explain why or why not for each. (12 marks).Add space to the table as needed.
Yes or No Why or Why Not
Duty of Care
Breach in the Standard of Care
Causation
Damages
3.Now, you are the lawyer for the company. Would a waiver have made a difference? Explain why or why not.
4.You are now the judge and must make a decision on the case.Who do you think is responsible for the injury in this case?Using legal concepts and terms we have learned about, explain in detail why you think so.
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