Sandeep, Daru, and Flavio went to the beer gardens of a popular venue in town. The beer gardens extended from the wooden patio to a more extensive lawn to accommodate the crowds during Stampede. Flavio went to buy refreshments inside the venue. While returning, with his hands full of beer and carrying two pizza boxes to the table where his friends were waiting for him, he stepped onto an in-ground sprinkler, twisting his foot. This resulted in a major sprain and a broken bone. The sprinkler he

The sprinkler head was unmarked, but easy see. It was clearly protruding from the lawn and could be seen from about a meter away. This has never happened before. Flavio decides to sue the venue, claiming his injuries resulted from the negligence of the venue. Help Flavio by providing an analysis below.

The question is worth 14 points.

1) Apply the principles of tort law to this situation. (8 points)

(2) Suggest a result concerning Flavio's chances of success in suing the venue (2 points

(3) apply any defences that the venue may have. (4 points)