Question 2

The second action against Rocky Resorts Inc. was commenced by Patrick. Patrick and his friends consumed several drinks which they had brought themselves. The drinks had been bought by Patrick's older brother Andrew since Patrick was only 16. Patrick and his friends also picked up and consumed other unattended drinks at the event. To avoid paying Patrick and his friends had entered the resort through a back field.

The organizers were surprised by the large number of contestants for the inner-tube races. They decided to change the format of the races from timed races to a head to head competition with 4 inner-tubes to be launched at the same time.

Patrick was stumbling at the top of the hill and was quite loud and boisterous. The race organizer initially told him that he could not participate in the race. However, Patrick insisted that he was fine and told the attendant that he was aware that he was proceeding at his own risk. The attendant again refused to allow him to participate and asked Patrick to leave.

However, when the attendant's back was turned, Patrick entered the line of contestants.

At the race commencement, Patrick steered his inner-tube into that of the competitor next to him, as had several competitors in prior races. As a result of the collision, both participants were ejected from their inner-tubes and rolled down the hill. Patrick sustained a broken nose and lacerations to his face as a result of the inner-tube rolling over the top of him.

Then, when he could not get his bearings and was slow in attempting to get up he was hit by the next group of racers coming down the hill.

When Rocky Resorts' medical staff examined Patrick they bandaged his nose and face and did no other examination. Patrick woke up the next night in excruciating pain. At the hospital x-rays revealed that his leg was broken in two places. Because the break had not been immediately diagnosed, the doctors had to "re-break" the leg and Patrick's recovery period was extended by one month. Patrick was also diagnosed with post concussion syndrome as a result of his head injury and was confined to a darkened room for the next 2 weeks.

Patrick commenced an action against Rocky Resorts Inc. and his brother for $500,000.00 as a result of the injuries sustained. Both Rocky Resorts Inc. and Andrew claim that they owe no obligation to Patrick and are not responsible for his injuries.

Required: Explain, with particular reference to each of the elements of a tort action, the issues which will be raised by both parties, the applicable principles and the likely result of the litigation.