Mr$.$ Apple, an experienced skier, decided to take a short skiing trip. He went to Snowy Hills Ski Resort, where he was to ski for three days. On the first day, February $10,2022,$ Mr$.$ Apple noticed that there was ice on the chair as it approached him on the chairlift. He tried to clear the ice off of the moving chair and was so focussed on this task that he didn$$t get himself seated in time. As such, he instinctively grabbed onto the moving chair. As the chair continued to move and ascend, he quickly realized that he would not be able to get seated on the chair and would therefore have to let go and drop to the ground to avoid a severe injury. He let go$,$ and fell to the ground, dropping about three metres, and he injured his right shoulder. He subsequently sued due to the injury he suffered.

Explain what Mr$.$ Apple will have to demonstrate to prove his claim. What arguments could the defendant make? You are the judge. Make a decision and explain how you reached your decision.