Negligence - Defences

Stephen v FFA

Stephen was holidaying in a remote rural area, he organized with a tour operator 'Family Friendly Adventures' (FFA) to take him on an overnight desert adventure. Promised activities on this adventure included four-wheel driving, bushwalking, abseiling, kayaking, camping and river fishing. Stephen, aged 18, was hurt during an abseiling activity. He suffered cuts, bruises, and concussion.

An investigation found two errors which lead to the incident:

FFA failed to properly maintain the harness and ropes which lead to Stephen falling and suffering the injuries.

The investigation also found that Stephen refused to follow the safety instructions provided by the supervisors of the abseiling activity because he was showing off to his girlfriend. His reckless behavior contributed to the equipment breaking.

FFA maintains they are not responsible for the injuries due to the risks associated with abseiling. Furthermore, Stephen signed a waiver which removes all liability if he is injured while abseiling.

Required:

Assuming FFA owed Stephen a duty of care, can they rely on any of the defences to limit or restrict liability?