Kyle and Kelsey have been dating about a year. Kelsey works at the Frenzy Ski Resort. Often Kyle visits Kelsey on her lunch breaks and they will go skiing for about forty five minutes. Both are very strong skiers. Frenzy Ski Resort has no formal policy on employees skiing during their breaks. They know about it but never weigh in on the issue. Kyle sometimes pays to ski at the resort and other times Kelsey just lets him ski for free.

This Valentines Kyle thought it would be nice to plan a romantic dinner picnic for Kelsey after she got off work at 5:00. They skied over to one of the lodges about a mile away that is only used for emergency crews in the case of a bad storm or emergency situation. After their dinner they decided to return to Kelsey's car only it was dark out and they only had moonlight to guide them back. Frenzy Ski Resort does not light the slopes or paths after dark. They claim that will encourage people to ski at night.Given that Kyle and Kelsey know the path well and givenIt was close enough both thought they would make it back to the case.Kyle hit an ice patch causing his ski to stop suddenly and ended up snapping one of his legs. Without medical insurance he has consulted you to ask for some legal advice and if it is worth it to bring a lawsuit. Kyle will eventually heal but will have several weeks in a leg cast and then months of physical therapy.

If we were to take Kyle's case first we need to know if negligence applies.

• Go through each of the elements and apply to the facts.
• Indicate for each element if we can likely prove it applies.