Question
Little Johnny (18 years old) badly injured his ankle last week while water sliding at a local theme park. Apparently the theme park had misjudged
Little Johnny (18 years old) badly injured his ankle last week while water sliding at a local theme park. Apparently the theme park had misjudged the amount of fast moving water theslide could safely handle, injecting an excessive amount of water into the chute - the increased water flow meant that riders entered a sharp corner at an excessive speed. There weresigns posted around the slide (in plain view) that clearly told everyone to safely sit down while using the slide. There were also employed attendants at the top of the slide remindingeveryone to 'sit safely throughout the ride'. Little Johnny ignored the warnings and attempted to stand up just prior to entering the corner. Little Johnny went 'flying out of the chute',badly injuring his ankle as he crashed to the ground. He has filed a claim against the theme park.Do we have a tort? What would be the basis of Little johnny's claim? Is there anything the theme park could say in response? What would be a reasonable outcome in this case?Defend your answer by showing you fully understand the potential legal issues here.
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