Garden of Eden is a new swimming pool complex in Penrith, owned and operated by Pool Enterprises Ltd. There are four pool areas within the landscaped water park complex:

1. an area called Toddler Town, which is described as being:

a safe shallow paddle pool for children aged 2-4 years;

1. another area for children aged 5-9;
2. a General Area containing an Olympic-sized pool for capable swimmers, and
3. a Diving Area with three diving boards of varying heights.

On the opening day, the following events occur:

• Simon, a two-year-old toddler playing within Toddler Town, crawls under the fence into the General Area and falls into the pool. Simon immediately starts sinking and his father, Michael, dives in to save him. Simon survives but needs to be treated at the local hospital for a brain injury caused by the temporary lack of oxygenflow.
• Shane, a lifeguard employed by Pool Enterprises Ltd, asks Peter, one of the swimmers in the General Area, to refrain from eating in the poolside area, pointing to the sign on the wall. Peter ignores him. At this point of the day Shane is tired of being ignored and he loses his temper, throwing his lifesaving buoy at the swimmer. Shane claims he only intended to hit the chips out of Peter's hand; however, the foam buoy struck Peter squarely in the face, breaking his prescriptionsunglasses.
• Meanwhile in the Diving Area, Madison decides to jump from the 10-metre platform, the highest board on the tower.

She has never dived off a board higher than 2m before. As she walks up to the ladder leading to the platform she sees a sign that states:

Only experienced divers should use the 10m board and, if unsure, swimmers should consult a lifeguard before climbing up.

Madison reads the sign but decides it is too late to turn back as all of her friends are watching. She climbs to the top and jumps. Madison hits the water awkwardly and dislocates her shoulder and is taken to hospital for treatment.

Advise Pool Enterprises Ltd of their potential liability under the tort of negligence in respect of each of these instances. You will need to address the issue of liability for each, as well as any defences that may be available.

Remember: Your arguments must all be fully supported with relevant statute or case law.