Zhao and Henry set out for a day of fun at “Fearsome,” a white-water rafting attraction. They both..

Zhao and Henry set out for a day of fun at “Fearsome,” a
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
»

Zhao and Henry set out for a day of fun at “Fearsome,” a
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. Discuss the
issues arising from this which will affect a legal action brought by Henry and
Zhao against Fearsome, and render a decision.

»

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