Thanks chapter Law of Tort

Question 3

Christy has been feeling rather lethargic and unfit so she signed up with the gym in her neighbourhood called Gorgeous Shape & Fitness Centre (GSFC). She was attracted by claims made in the brochure that the gym is equipped with state of the art facilities and has highly qualified gym instructors. Christy arranged for her first training session. She went first thing in the morning when the gym opened at 8am. Being the first session for her, the usual practice for the gym was to assign an instructor to personally provide a one hour training as well as teaching her how to use all different facilities in the gym. She was asked to wait while they assign a personal trainer to her. After waiting for about ten minutes and being a little restless, Christy decided to try one of the machines on her own as she did not think it would be that difficult to use the equipment. Dexter was the last user of the equipment the night before. He had adjusted the height of the seat but had not fastened the seat back properly. When Christy sat on it, the seat which was loose, fell off. She sprained her right arm when she tried to break her fall. She got up rather angrily and was walking towards the counter to complain, when she slipped on the wet floor which was just mopped by GSFC's employee, Elmo. Christy suffered from a head concussion from the second fall. She had to be hospitalized for 1 week as a result of her injuries. Advise Christy on her cause of action under the Tort of Negligence and the relevant party/ies to sue. Give your assessment on whether Christy can successfully claim for compensation for the injury suffered and discuss the practical obstacles faced by her in the law suit. Support your answer with the relevant case authorities.