Question

Assignment 2 Scenario Dora is an avid skier who recently took her dream vacation to a resort in the Canadian Rockies to ski. Each day that Dora went skiing, she bought a lift ticket that allowed her access to the lifts that took her to the top of the mountain. The ticket contained a waiver of liability on the back of it, but she did not read it. On her second day of skiing, Dora decided to try the hardest ski run on the mountain. Halfway down the run Dora hit a patch of ice, which made her lose control, and she hit a tree at full speed. Dora suffered a severe head injury and a broken leg, and she was transported off the mountain by emergency services. In the ensuing month, her leg healed well. However, unfortunately this was the third head injury that Dora had suffered in recent years, and she was not able to continue working in her job because of continuous headaches and cognitive problems. Using your knowledge of torts and contracts, advise Dora as to her legal options. Be careful to identify any claims that she may bring against the ski resort and any defences that the resort may have to her claims.

Answer 1

A wrongful act, whether intentional or accidental, from which injury occurs to another is called Tort. All negligence cases and intentional wrongs which result in harm can be Tort.

An action for negligence requires the plaintiff (Dora)) to prove that the defendant (Ski resort)breached a duty of care owed to them and that this breach was the cause of the plaintiff’s injuries or losses.

Here The owner took reasonable care to prevent an injury, such as posting warnings signs In this case. The ticket contains a liability waiver on the back of it, but she did not read it. Here The owner took reasonable care to prevent an injury, a posting warnings signs in ticket .

Property owners have a duty to protect people against dangerous conditions on their premises, but also that if they fail to do so, then an injured party may be able to bring a claim against them. In such cases, it may be possible for them to recover damages for any injuries sustained.

But Property Owner is Legally Responsible only when a person typically has to prove that the property owner was negligent. This requires proof that:

1.) The property owner owed the person a duty to protect or warn against dangerous conditions;

2.) The property owner beached this duty; and

3.) An injury occurred as a result of the property owner’s breach

Following defenses that an opposing party (Ski resort) is able to assert Dora’s claim. Defenses are

1) Comparative negligence or contributory negligence;

2) Assumption of risk;

3) Failure to prove the elements of a negligence case;

4) The owner took reasonable care to prevent an injury, such as posting warnings signs

5) A lack of fault defense. For example, a reasonable person(Dora) is able to recognize the danger and as such, would have chosen a safer route.

So Dora will not receive claim.