Individual Case Analysis Assignment (Georgian)

In June 2019, an Ontario woman sued Georgian Amusement Park Ltd. after breaking her leg on the resort's waterslide. In court documents, the plaintiff said she visited the park with her husband and young daughter to use the waterslide park, where, she claimed, no signs were posted restricting the age of children allowed to use the facility. She then took a ride with her husband and her 3-year-old daughter. According to her court filing, the ride was very fast and while riding down the slide her daughter hit a dry spot and came to a stop. In order to avoid hitting her daughter, the plaintiff tried to stop herself using her legs and broke one of her legs in multiple places. The plaintiff sued for damages and the cost of past and future health care. The lawsuit named Georgian Amusement Park Ltd. and four 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 controllable risks the company needed to manage for participants. For each risk, identify one action the company needed to take to limit that risk. (8 marks)

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 marks)

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. (6 marks)