Question 1

Daniel was a 19-year-old who attended the Brunswick Roller-skating Club with friends to go roller-skating. Daniel hired a pair of roller skates and sat down on chairs provided by the Club to put on his skates. He then walked to a flight of stairs in order to climb down to the rink, which was at a level about 2 metres below. There were no warning signs at the entrance to the Club or around the stairs regarding risks associated with climbing down to the rink on roller skates. There was no other way to access the rink before a participant could put on their skates. Daniel used the tip of the two front skate wheels to climb down the stairs. As he was climbing carefully down the stairs he slipped. Daniel tumbled down the stairs landing heavily on his right ankle. The floor area around the stairs was covered in rubber material that was clearly intended to be soft, waterproof and non-slip. Each step on the stairs also comprised a grooved edge strip which was bright red and made of a non-slip, material. However, on the step where Daniel tripped some of the non-slip material had broken off and come away leaving it partly uncovered. Because of the fall, Daniel sustained a serious fracture to his right ankle. He could not work for three months and had to undergo several medical procedures to repair the fracture to his ankle.

Tasks:

A. Referring to the Common Law of Negligence, advise whether Daniel could successfully sue the Brunswick Roller-skating Club for Negligence. Use case references to support your answer. 10 Marks

B. Discuss the relevance of vicarious liability and any defences the Club may try to raise to avoid their liability or reduce possible compensation. 5 Marks