Question
Otto Noor is a well-renowned personal development coach and runs his signature coaching seminar The Limitless all year round in different cities around New South
Otto Noor is a well-renowned personal development coach and runs his signature coaching seminar "The Limitless" all year round in different cities around New South Wales. He is famous for using unconventional techniques to help participants to conquer their fears and make them aware of their true potential. One of the techniques Otto uses is known as the coal walk which requires the attendees to walk over hot coals. According to Otto, taking on such a hard challenge makes people confident that they can overcome any barrier in life. In the seminar held in Sydney in December 2021, Otto's team organised a coal walk for all the participants as part of the event. The instruction guide produced by Otto's team mentioned that the participants should walk briskly without a stop and should not run or take hard steps as those kinds of movements would sink their feet into the ashpit and cause injury. However, due to shortage of cherry and maple woods that would insulate feet from some of the heat, they used olive and locust woods that burned too hot. Maya, a 20-year-old girl, participated in the event. Maya became very anxious before her turn to coal walk because of her undiagnosed movement disorder which caused her foot cramps sporadically and made her unable to move in those times of attack. Because of her shyness, she did not reveal her condition to the organisers. Unfortunately, while she was walking on hot coals, a muscle in her right foot suddenly squeezed and she lost her balance. She fell down on the coal walk track, and seriously burned her skin. Maya was taken to the emergency department of the nearby Holy Grail hospital for treatment. Maya's movement disorder was aggravated by her burn injuries with severe pain, which was a rare medical occurrence. The duty doctors at the emergency department did not recognise the source of her pain and wrongly injected her with steroids that paralysed the lower part of her body. Discuss whether Maya may have a claim in the law of negligence for her injuries. Also advise what defences potential defendants could raise on these facts.
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