Question
SCENARIO: On a Saturday night in mid-October, Dmitry and his friend Misha met up to experience The Haunted Witch Trials, a Halloween attraction in which
SCENARIO:
On a Saturday night in mid-October, Dmitry and his friend Misha met up to experience The Haunted Witch Trials, a Halloween attraction in which the Salem Witch Trials were re-imagined into a haunted house type of attraction that took place on a 100-acre plot of land. Patrons would walk down a wooded trail where they would come across various features and character actors portraying the Village of Salem in 1692 with supernatural themed props, including a floating-specter (which consisted of an actor suspended from a wire invisible to patrons), a simulated witch being burned at a stake, and other disturbing and scary decorations.
Dmitry paid his admission fee at the front gate and was handed his entrance ticket.
Misha, however, didn't pay the entrance fee and slipped past the gate attendant while he was busy with other patrons.
As the two friends traveled down the path, they were impressed with the level of authenticity in recreating the 17thcentury village. There were several small village houses, each of which had real fires burning several feet in front of the structure over which were large boiling cauldrons. Hidden fog machines and lighting added to the eerie effect. Curious as to what might be in the cauldron, the friends walked closer to see inside. Suddenly, an actress dressed in 17thcentury apparel came running out of the woods screaming that she was not a witch, startling Dmitry who fell against the cauldron and was burned by the hot metal.
Injured and wanting to get quick medical attention, Dmitry and Misha looked around for an employee but didn't see anyone other than a few other patrons. The actress who had run out of the woods just moments before was nowhere to be found. Misha said, "This is ridiculous. We aren't going to go through this whole attraction just to get out. It's over 100 acres. Let's just cut through the woods to get back to the entrance." Although there was a sign posted near the tree line to the woods that said "Employees Only Beyond This Point," they decided to disregard it.
Misha started to use a GPS-enabled app on his phone to guide them back to the entrance, but, in the darkness of the unlit woods, didn't see a fallen tree and tripped over it, landing hard on his knee and scraping his hands. He also dropped his phone, cracking the screen.
Angry and frustrated, the two friends finally made their way back to the entrance gate where they found several of the attractions employees. Dmitry asked where they could find a first aid station, but the employees told them that the attraction didn't have one. The friends got into their car and drove to the local emergency room. Dmitry was diagnosed with a second degree burn on his hand and Misha was diagnosed with a torn tendon in his knee.
1. Assume the state in which The Haunted Witch Trials is located has the following statute: "All special amusement parks and attractions must be inspected prior to becoming operational and may not contain open flames or other sources of ignition within 25 feet of a publicly accessible area." The Haunted Witch Trials has
a. engaged in comparative negligence.
b. breached a statutorily defined duty to its patrons.
c. engaged in an ultrahazardous activity.
d. committedres ipsa loquitur.
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