Crystal Cruises operates a business specialising in sailing cruises around Phillip Island. The cruise stops at various places to allow passengers to go swimming and snorkelling. In January 2020, Ted is a passenger on a cruise. Unfortunately, while snorkelling, Ted is stung by a poisonous bluebottle jellyfish on his upper back, neck, and face, and suffers a severe reaction. He incurs medical expenses, including the cost of an emergency ambulance, totalling $1,800, and a loss of income of $900. He also lost his underwater camera worth $1,100 as he dropped it due to the pain of being stung by the jellyfish.

An investigation into the matter reveals that during the summer months, hundreds of these jellyfish are known to be present in the waters around Phillip Island. There are usually around 10,000 cases of bluebottle stings each year on the east coast of Australia, but most of these stings, while painful, do not need emergency medical treatment. The number of stings per year around Phillip Island is estimated to be 500.

Crystal Cruises has never had a passenger get stung before, in more than 10 years of operating. Crystal Cruises conducts a safety briefing at the start of the cruise and recommends that passengers wear a wetsuit to protect themselves when swimming and snorkelling during the summer months. However, Crystal Cruises allows passengers to swim and snorkel without wearing a wetsuit. The wetsuits that are provided by Crystal Cruises do not cover the neck, face, hands or feet. Wetsuits providing greater protection, and which cover the neck, hands, feet and most of the face are available, but they are five times the price of a normal wetsuit. Ted was not wearing a wetsuit when he was snorkelling.

Advise Ted about his prospects of success in an action against Crystal Cruises in thetort of negligence. Pleasediscuss all elementsof a negligence action, and any defences that might apply. Please ensure that you use relevant legal principles and authority in support of your answer (ie: cases and/or legislation).(12 marks)