Justin and Sam are at the waterpark one summer afternoon. They are by the entrance to the waterslide, playing catch while waiting for their turns. Jeremy, the employee responsible for picking up towels, is busy talking to a pretty girl. Justin throws a ball to Sam, who backs up to catch it and slips on a towel lying on the floor. He loses his balance and grabs onto the railing at the start of the slide for support. The railing breaks and Sam falls into the slide. He goes down the slide backward and breaks his wrist. 

a. Sam wants to sue the waterpark. What tort would he rely on?
b. What does Sam need to prove? Describe each element of the tort.
c. Describe 1 defense that the waterpark could use to reduce or avoid liability.
d. Explain how the principle of vicarious liability would apply in this situation.
e. If Jack, another customer, was injured by Sam when he came out of the slide and landed in the pool, would the waterpark be responsible? Why?

Answer rating: 100% (QA)

Answer Explanation 4 iSo in a case of vicarious liability both the person at whose behest the act is ... View the full answer