Supplementary Facts

- Attraction staff failed to show any prior safety training before taking part in White-Water Rafting.

- The guide was unprepared for higher water levels due to higher-than-average rainfall.

- Fearsome Whitewater rafting has been dealing with high turnover resulting in hiring inexperienced staff and relying on the job training.

- Henry has been experiencing pain and suffering from his injury; Henry has physiotherapy twice a week.

- Henry cannot complete his activities of daily living or drive himself to appointments.

- Henry returned to work on modified duties as a car sales representative

- Henry's annual income last year was $60,000

- Zhao is right-handed; his right hand was stitched up and bandaged, and put into a split

- Zhao has physiotherapy once a week for the damaged nerves in his hand

- Zhao is a mechanic and is on modified duties

- Zhao's annual income last year was $52,000

- Henry and Zhao seek reimbursement for medical expenses, physical pain and suffering, loss of wages and transportation costs.

- Fearsome White-Water Rafting Ltd. has been in operation since 2005

- Henry has post-traumatic stress disorder from the events on June 16th, 2021

Zhao Ting and Henry Mohammed set out for a day of fun at the Fearsome White-Water Rafting attraction. They both signed a waiver stating they "release the operator and its employees from all liability however caused." Halfway through the course, their raft (piloted by one of the attraction staff) flipped over, an event considered as all part of the "extreme" factor. Both Zhao and Henry were wearing life-jackets. Henry was thrown to one side from the raft, and broke his hip in collision with a submerged rock. Zhao was initially unhurt, and both men were carried on the current to the lagoon at the end of the course. A Fearsome boat was waiting for them, and its crew used a hooked pole to snare the loops of their lifejackets. In thrusting forward with the pole, the crewman seriously sliced Zhao's hand. Henry spent three months in a cast before he could work again, and Zhao missed six weeks of work.

Either independently or in a group, you will use the case above as a guide to take action as the plaintiff against the defendant. Each of the following parts must be a separate section in your assignment.

Part A. You will list in bullet point any facts/details that you are adding to the case summary and will list any applicable torts you to your claim (see chapters 4 and 5 for guidance). Torts may be listed in bullet point with a 1-3 sentence explanation on their relevance

. Part B. You are to prepare a statement of defence and identify any alleged injury/injuries suffered by the plaintiffs or damages you do not believe you are responsible for. In this scenario, you will include both Zhao and Henry's claims, one after the other.

Part C. In a separate section, you are to provide case law applicable in support of your argument. You are to provide (2) cases with a 3-5 sentence summary of each case and a separate paragraph to summarize why the cases provided are in support of your position.

Who is the plaintiff? - What happened in detail? o Include dates, locations, witnesses - What damages are you looking to refute? Why? Who is responsible if you are not? o Examples are contracts, repair bills and photographs of damaged goods.