Adelaide has been selected as being the host city for the International Roller Derby Championship in 2022. A brand new roller skating arena named ‘Skater World’ has been built to accommodate the international event. Skater World is opening to members of the public in April 2021. There has been a great deal of media coverage about the fact that this is the first roller skating arena to open since 1984. Amy is very excited to learn about the opening of Skater World and the roller skating discos which are scheduled to take place there every Friday night in April.

On the second Friday in April, Amy attended Skater World. She paid the $25.00 entry fee at the payment booth located in the foyer of the arena. The roller skating rink and stadium (skating area)were not visible from the foyer. Once she walked through to the skating area, Amy was super excited to see the layout. Hundreds of large disco balls and coloured lights sparkled from the ceiling above. The DJ booth was located in the centre of the skating rink so that song requests could be made by the skaters. The music being played was nice and loud. The atmosphere was breathtaking.

Next to the skating rink, Amy noticed the Skater World cloak room. Since she brought her own roller skates with her she needed a safe place to store her big bag and jacket. The cloak room attendee handed her a laminated ticket, which had a number printed on it. She was told to return the ticket
when she wanted to pick up her stored items. On the back of the ticket the following information was printed:

“Skater World bears no responsibility for any injuries sustained whilst on these premises howsoever the injury may be caused”.

Amy had a wonderful time roller skating to disco songs from the ‘70s and ‘80s until something terrible happened. Whilst skating, Amy was hit in the head by a large disco ball which fell from the ceiling of the arena. The disco ball had not been secured properly at the time of installation. Amy was knocked to the floor and in a state of unconsciousness she was rushed to hospital.

Amy sustained some serious injuries including a severe concussion, two black eyes, a broken arm and dislocated shoulder. Her medical bills were substantial. She now wants Skater World to pay these costs. Skater World is determined that they are not liable. Amy is told that an exclusion clause incorporated into the contract between Amy and Skater Wold by way of notice protects the facility for exactly these sorts of unfortunate occurrences. Skater World reminds Amy that she was informed about this term by way of the ticket she received at the cloak room. Skater World also states that the same term was clearly printed on large notice boards placed around the DJ’s booth in the centre of the skating rink.

Amy is upset and seeks your advice on whether Skater World is likely to be held liable for her medical bills.

Issue: Is the exclusion clause likely to protect Skater World from liability?

Answer this problem question using the IRAC method taught in class.

Answer rating: 100% (QA)

Issue Whether or not the exclusion clause protects Skater World from liability Rule Section 139A 4 o... View the full answer