Question 1

Fact Pattern - Sandy Singh, an experienced skier, was trying to clear some snow and ice from the chair of a chairlift as it moved toward him from the boarding ramp. Too focused on this task, he failed to seat himself in time.Instead of moving away and waiting for the next chair, Sandy instinctively grabbed onto the chair he had been cleaning and dangled from it as the chair began to ascend. Sandy realized that the longer he hung from the chair, the higher the fall would be. He therefore let go and fell about three meters to an embankment below. His right shoulder sustained an injury, and as a result he experienced some loss of future earning capacity.

1. Sandy wants to sue. Who will he sue and why? What claim will he make? What does he have to prove in order to be successful?