1. What statute will govern William Winston's case? What does this statute say (in your own words)?...
Question:
1. What statute will govern William Winston's case? What does this statute say (in your own words)?
2. In reviewing relevant case law interpreting this statute, what factors do the courts consider when assessing whether a facility is "recreational"?
3. Do you think our client should win this case? Why or why not? What missing facts do you need in order to more accurately determine what the court might decide in our client's case?
Agreements exempting pools, gymnasiums, places of public amusement or recreation and similar establishments from liability for negligence void and unenforceable. Every covenant, agreement or understanding in or in connection with, or collateral to, any contract, membership application, ticket of admission or similar writing, entered into between the owner or operator of any pool, gymnasium, place of amusement or recreation, or similar establishment and the user of such facilities, pursuant to which such owner or operator receives a fee or other compensation for the use of such facilities, which exempts the said owner or operator from liability for damages caused by or resulting from the negligence of the owner, operator or person in charge of such establishment, or their agents, servants or employees, shall be deemed to be void as against public policy and wholly unenforceable.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts