Question
Sally went to the beach for her 25th birthday. Sally's friends decided to dive into the ocean from a rock platform near the beach. At
Sally went to the beach for her 25th birthday. Sally's friends decided to dive into the ocean from a rock platform near the beach. At first, Sally was hesitant to dive from a rock platform, but once she saw her friends do so without incident she decided to dive in as well. Unfortunately, when Sally dived in, the level of the water had decreased due to natural tidal conditions. She hit her head on the ocean floor, and as a result suffered significant spinal injuries. In the past, the local council had thought of putting up a warning sign, as they knew it was a popular part of the beach. They decided not to for two reasons. These were that the cost of the warning sign was very expensive and that was a particularly scenic part of the coast that may be tainted by the presence of a warning sign.
On the same day, Sally's cousin, Bill, went to the local sports center to play indoor soccer. Bill was asked by the center if the would like to wear a helmet to protect against head injuries. Bill did not take up this offer as he found the helmets uncomfortable. Bill was hit in the head by one of the opposing players by a soccer ball at close range and suffered serious injuries. After this incident, the sports center decided to make it mandatory for all players of indoor soccer to wear helmets whilst playing the sport
Required:
Advise Sally and Billy of their respective legal positions in Tort Law.
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