QUESTION 1 20 MARKS

Lauren was a fit 30-year-old who was a member of the Diamond Fitness Centre (DFC), which she regularly attended, around 2 - 3 times per week. She had been a member for 2 years now. As she was planning on running a marathon, she was working on her leg muscles, amongst general cardio fitness. She usually attended DFC after work, around 6 pm. On the day of the incident, she went to the back corner where the relevant machine was located. Various weight equipment was scattered around on the floor, such that she could not use the machine without cleaning up the area. She had no difficulty in moving the bars. She then began lifting the weight plates and put them on the tree rack. When she lifted the final plate, one weighing 25 kgs, she twisted her back and immediately felt pain. She abandoned her exercise programme. After a week, she sought medical treatment and ultimately, a disc protrusion was diagnosed. She has undergone a series of surgical procedures. She continues to suffer from this injury.

It was a rule of membership with DFC that all members put away whatever equipment they might use. There were also signs posted on gym walls as to this rule. These signs also said that a failure to do so may result in your membership being suspended or cancelled. Although a majority of members comply with this rule, it seems that those who use the gym in the 4 pm - 5 pm time period are less likely to put away their used equipment. No membership has been suspended. The expectation was that staff would put away equipment left out by members, although this was not generally done, and the equipment often remained where it had been left by members until put away by subsequent users of the area. The gym created a daily checklist for use by rostered staff. On these lists, it stated 'put all weights away'.

Lauren has decided to sue DFC, claiming their staff member on duty that day was negligent in not clearing the area, or alternatively not enforcing the rule. Discuss this claim fully, referring to all elements of a negligence claim, including any defences that might be reasonably raised.