TUTORIAL $3$

It was a bright sunny day, and Sam decided to take his two children to Sun City's Valley of the Waves for the day. As they entered the premises, there was a large white sign up at the boom gate stating the following in bold black writing:

Management of the Valley of the Waves is unable to accept liability or responsibility for any loss or damage of any nature whatsoever caused negligently or otherwise to a person's property whilst on the premises.$\text{'}$

In his hurry to make the most of the good weather and keep an eye on the overly excited kids at the same time, Sam didn't see the sign. He then realised that he forgot to carry their picnic umbrella along for shade. He was relieved to see a sign at the Customer Services office stating: Valley of the Waves Umbrella Hire $-$ R$150$ per day. Sam received the umbrella, and once payment was made the attendant handed him a ticket and kindly requested that he keep the ticket for inspection later on$.$

On the back of the ticket were the following words in blue writing:

'Management of the Valley of the Waves is unable to accept liability or responsibility for any loss, damage or injury whatsoever caused negligently or otherwise to a person and$/$or to his$/$her property whilst on the premises.$\text{'}$

Sam shoved the ticket into his shirt pocket and hurriedly tried to set up the umbrella. Sam struggled with the safety clip of the umbrella which seemed stuck, and as he continued to force the umbrella open he lost his balance, tumbled to the ground, dropped and shattered the screen on his new iPhone, broke his camera and hurt his back and wrist as he fell. An ambulance was then called to take him to the hospital. Assume that all of this happened because Valley of the Waves negligently failed to maintain the umbrella, and that Sam would normally have a claim in delict against them for his injuries and the losses to his property.

Sam thereafter approaches you for legal advice. Advise him on what his chances of success are in suing the management of the Valley of the Waves for the physical injuries and medical expenses that he sustained as well as the cost of replacing his phone and camera. Refer to relevant sources of law.

$(20$ marks$)$