Book Title
10th Edition
ISBN: 9781337605656
Author: CROSS
Publisher: CENGAGE L
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Chapter 6, Problem 1RE
Summary Introduction
Case summary: The person E went to the resort RM in New Hampshire with a friend. The person E went snow tubing. There were no employees of resort RM present to instruct person E about the careful use of a snow tube. The person E got injured while she was snow tubing. The person E filed a negligence action against the resort RM for the compensation of her injury.
To explain: Probable defense that will be asserted by the resort RM.
Expert Solution & Answer
Explanation of Solution
The resort RM will assert the defense of the assumption of risk. The assumption of risk is very common and foreseeable by the person who performs risky sports. As per the matter of fact, the person E, with the knowledge of the risk, voluntarily went skiing and got themselves injured by colliding with another snow tuber. The defense of assumption of the risk is solidified by the state statute. Hence, the resort RM is not liable for compensatory damages to the person E.
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