course: BUSINESS 4000

school: memorial university of newfoundland

Law: Canadian

John Clutz purchased a slide for the family's four-foot-deep backyard pool from Pools R Us Inc. Mr. Clutz asked employees of Pools R Us whether it was safe to use the slide with his pool. He was not advised that there was any risk at all in doing so and was assured that there would be "no problem". Mr. Clutz installed the slide according to the instructions and instructed his teenage daughter, Danielle, how to use it, specifically telling her to only go down the slide feet first.

Unfortunately, Danielle has always been somewhat of a rebel when following the advise of her father, and at her first opportunity went down the slide head first. Danielle's upper body hit the bottom of the pool with significant force, crushing her right shoulder.

Danielle has undergone a number of surgical procedures and a variety of physical therapy modalities to repair the injury to her shoulder. Unfortunately, as a result of the injury she sustained, she will have permanent limited mobility of her right arm. Danielle is devastated as her injury significantly impacts her ability to figure skate. Prior to her injury she was a world renowned figure skater and had been approached by a national sports station to host a new television program showcasing her talent. Her injury prevents her from pursuing this opportunity. Danielle has been diagnosed with major depression and requires ongoing counselling and treatment.

Mr. Clutz has decided to sue Pools R Us on behalf of his daughter.

Follow the approach to a case analysis set out in the "Individual Assignment" under Course Content. Your detailed analysis and discussion should include:

i. The nature/basis for the court action that Mr. Clutz may take against Pools R Us on behalf of Danielle;

ii. Any defences that may be raised by Pools R Us;

iii. On what basis Pools R Us may be liable for the conduct of its employees;

iv. The avenues of dispute resolution available to the parties, including the factors the parties should consider in assessing the avenues;

v. If there is a two-year limitation period what does that mean for Mr. Clutz's action against Pools R Us; and

vi. The remedies available to Danielle should Mr. Clutz succeed in his court action on her behalf.