Question: Read the following newspaper article and answer the two questions that follow. Support your answers with specific legal principles.The allocated grade should be a guide
Read the following newspaper article and answer the two questions that follow. Support your answers with specific legal principles.The allocated grade should be a guide as to the number of statements you should make.Remember each statement should be supported.
Bouncy castle
Bouncy castle 'explodes' and flies 25ft into the air, sending young children flying onto tram tracks and leaving two little girls with life-threatening injuries in Russia. Two small girls are seriously injured after a bouncy castle suddenly 'exploded' and flew to a height of 25ft, throwing them over a metal fence and on to tram tracks. Footage shows panic in the Russian city of Barnaul as the giant inflatable tore off its moorings and hurled the children aged three and four into the air. Three other youngsters were thrown off the out-of-control bouncy castle uninjured as it flew up 'as high as a lamp post'. Two girls were thrown over a metal fence onto tram tracks and are both in a serious condition.One girl identified as Anna, three, suffered concussion and a spinal fracture. Another named Vika, four, sustained a skull fracture and wounds to her lungs and stomach after she was thrown nearly 15ft from the bouncy castle.The girls' parents scrambled over the fence to help their injured children after the bouncy castle they were playing on 'exploded'.Adults rushed to secure the castle and check that no children were trapped inside.Investigators are probing the cause of the accident close to a shopping mall, and initially stated that it was caused by strong winds.However, witnesses denied there were winds but claimed there was the 'sound of an explosion' or a loud burst.One theory was that the bouncy castle had been overinflated and then not properly secured but witnesses also said the castle had no protective underlay, meaning it was rubbing against the tarmac before the sudden 'explosion'.Anastasia Dolmatova said: 'What wind? I work one bus stop away from this place, but even we heard the bang.' She called on investigators to 'accurately check the cause' of the accident.Locals reports stated 'some of the ropes were not secured... andin violation of safety requirements, the bouncy castle had been tied to the fence.'
The Russian Investigative Committee has opened a criminal case into the incident and contacted the owners of the attraction.Local MP Sergey Pisarev said: 'No special mounts were used, the attraction was pumped, it heated up, and rose into the air.'He complained there were no proper safety checks on bouncy castle.
1.1What is the liability of the owner of the bouncy castle for the injuries caused to the children, if we assume that the accident happened due to a sudden strong wind and that all safety precautions had been in place?
Assume that all parents had to sign a waiver of liability, that the owner would not be responsible for any injuries caused to children who are playing on the bouncy castle.What would the liability of the owner be to the parents who signed the waiver of liability form?.Use the information provided by the bystanders who witnessed the accident.
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