Fact Pattern

• Sarah recently had surgery on her torn ACL and is currently in recovery.
• Before releasing her, the hospital did not warn her to avoid putting full weight on her repaired leg for at least two weeks after the surgery.
• However, the hospital did require Sarah to sign a waiver stating that the hospital is not liable for any injuries or complications to her leg she endures after the surgery.
• A week after the surgery, Sarah decided to try going on a run and put full weight on her repaired leg.
• As a result, she reinjured her ACL.
• Sarah decides to sue the hospital for negligence for failing to tell her to avoid going on a run.

Questions

• What potential defenses could the hospital assert?
• Do you think Sarah is likely to recover damages?
• Why is it important for a defendant to have the opportunity to assert defenses?