Question
PART A (14 marks): Penny met her daughter, Alison, and her grandson, Brett, for lunch at a hotel called The Sports, which had a fenced
PART A (14 marks):
Penny met her daughter, Alison, and her grandson, Brett, for lunch at a hotel called The Sports, which had a fenced children's play area, including a ball pit. The dining area had a concrete floor, but the floor of the play area had a thick shock-absorbent matting laid over the concrete.
Penny ordered the lunches and Alison took her son to the play area, which had a sign on the gate saying:
Recommended for children aged from 3 years to 12 years. Children must be supervised by a parent or guardian at all times, as this is an unsupervised playground and the hotel is not responsible for any injury sustained in this playground.
Later, Penny heard Brett crying, so she went to the play area to comfort him. She opened the child-proof gate by pulling up a knob with her right hand and pushing the gate open with her left hand. As she walked in, she stumbled and fell heavily on her right side, breaking her arm and wrist.
Advise Penny as to her rights in the law of negligence only.
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