Question
Jorjia is about to turn 16 years old. For her 16th birthday, her mother has booked a daytrip for her and her best friend to
Jorjia is about to turn 16 years old. For her 16th birthday, her mother has booked a daytrip for her and her best friend to attend WizardWorld Fun Park in Queensland. WizardWorld is a theme park featuring many rides, including the famous 'Witches Go Round' ride. This track train ride circles the theme park. On her birthday, Jorjia and her best friend Chantelle arrive at WizardWorld. They excitedly line up for Witches Go Round for their first ride as soon as the ride opens. The conductor seats and straps in Jorjia in the front and Chantelle in the seat immediately behind her. The ride commences. In the middle of the ride, Jorjia frees ones of her arms from the ride strapping, in attempt to take a selfie with Chantelle. At the same moment, the rails at the mid-way point of the ride buckle, causing the carriage to lose traction, slide off the rails and fall on its side. As a result of this incident, Jorjia suffers a broken left arm. She is taken to the local hospital where she incurs $20,000 in medical fees for surgery and rehabilitation. She is advised she will not be able to return to work for 2 months. Jorjia is shattered about this news, as she has been working part time as a Pharmacy Assistant earning $500 per week. Upon her return home, Police interview Jorjia about her incident and advise her that this was the third time this kind of incident had occurred. They also state that mere weeks earlier a carriage had come off the rails, and that WizardWorld was being investigated for a faulty ride. Refer to relevant case law to support your answers to the following questions.
1. Can Jorjia bring an action against WizardWorld in negligence? Please go through each element required to establish a negligence claim.
2. Are there any defences that WizardWorld can rely on for Jorjia's potential claim?
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