Sasha and her family have just returned to Adelaide after living in Latvia for a year. Sasha misses ice skating most of all. She learns that Adelaide has a brand-new ice rink and is excited to attend. Upon arrival, she pays the $25.00 entry fee at the entry booth before walking into the facility. She hires some ice skates at the skate hire kiosk located at the back of the facility next to the food area. She is given a docket which she is told she must return to claim her own shoes before she leaves the facility. On the back of the docket the following is printed:

"This facility bears no responsibility for any injuries sustained whilst on these premises howsoever the injury may be caused".

Sasha enjoys skating on the ice until she has a terrible fall. One section of the ice had a hole approximately 8 centimetres deep, 10 centimetres long and 10 centimetres wide. Sasha sustained a broken leg and severe concussion as a result of the fall. Her medical bills are substantial given the complicated surgery and rehabilitation her leg requires. She wants the ice- skating facility to pay these costs. She keeps being told that the facility will not pay because they incorporated a term into the contract by way of notice which protects the facility from liability for exactly these sorts of claims. Sasha is told that the exclusion clause was provided to her on the back of the docket she was handed for skate hire and that it is also clearly printed in large font on two very large signs hung at the back wall and both side walls of the skating rink inside the facility.

Sasha is very frustrated and seeks your advice on whether the facility is likely to be held liable for her medical bills.

Answer this problem question using the IRAC method

Answer rating: 100% (QA)

To analyze Sashas situation using the IRAC Issue Rule Application Conclusion method we can break down the problem as follows Issue The issue at hand i... View the full answer