Question: Bart has never been skiing before and decides he wants to go . He goes to a ski resort that offers lessons for beginners, but
Bart has never been skiing before and decides he wants to go He goes to a ski resort that offers lessons for beginners, but also has several highly advanced 'Black Diamond' runs for experienced skiers. As Bart is renting equipment from Lisa, a ski instructor at the resort, he admits to her that he has never been skiing before. Lisa tells him clearly that he should take a lesson before he tries to go down any hill, and that he should stay far away from the Black Diamond runs because, as a beginner, he would not be able to get down the mountain without injury. Bart tells Lisa, "Get bent! Im not afraid," and heads toward the Black Diamond runs. Unsurprisingly, when Bart tries the Black Diamond, he immediately crashes, breaking both his legs and one of his arms. He then sues the ski resort for negligence.
If the ski resort wants to defend itself, what will it need to do
It will need to prove that there was a superseding cause of Bart's injuries.
It will need to prove that Bart signed a waiver.
It will need to show that Bart did not have any prior experience skiing.
It will need to prove that Bart knew of the risk and skied anyway.
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