Question
The Hotel has paid for a large tent from which you will serve food and alcohol. They are pleased with its size and position, as
The Hotel has paid for a large tent from which you will serve food and alcohol. They are pleased with its size and position, as it will get a lot of through traffic and is situated near the entrance of the Festival.
Extra casual staff have been employed by the Hotel, to serve both the food and beverages throughout the festival. The staff have a current RSA. Not all the staff have had experience serving at events.
There is a space in the tent where food can be cooked, then kept warm and served, a trestle table for the cash register, condiments, knives and forks and plates. There is also a bar area for serving both alcoholic and non-alcoholic beverages. This area also has a trestle table for serving drinks and fridges to keep the drink cool.
People attending the Festival can either stand up to drink or sit at tables provided in the tent itself.
Visitors pre purchase a ticket at the door, before they entering which gives them so many drinks and a plate of food.
The organisers of the Festival have informed you that the maximum numbers at any one time in the tent itself is 30 people.
Hotel staff have set up the tables and the food area and also the bar. The tent itself was arranged and erected by the Event Organisers.
The event is underway, and The Hotel is excited as it looks like being a great success.
On the Saturday evening there were large numbers of people at the Festival. At one stage there were at least 50 people in the tent.None of the staff were controlling numbers. A pole supporting the tent broke and several people were injured by the falling poles. It could be that the tent pole was faulty in some way or that the Event organisers did not put the tent up correctly.
The injured visitors required medical assistance and one has been taken to hospital with more severe injuries.
The family of the injured visitor is stating that they will sue The Hotel.
- The Hotel owners feel that they could be resolved of liability by claiming that visitors to the tent had agreed to any risks, because on the back of the pre purchased entry ticket to the tent it says: "No responsibility or legal liability is accepted for visitors to the tent"
If you had bought a ticket would you have accepted Voluntary Assumption of the Risk as a justifiable defence in this case and lose your compensation?
Consider the following information (a) & (b) before writing your answer:
a) the Disclaimer was put on the back of the ticket. Would a reasonable person expect to see contractual responsibilities on the back of a ticket or just assume it to be for entry purposes
b) The law says if you are using Voluntary Assumption of risk as a defence in an event, it must state for what particular type of risk it would cover and not a general statement for all risks.
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