Asked by marah shabib on Jul 14, 2024

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A community ice rink posted a sign at the facility stating that persons using the rink are responsible for damage or any injury which they may incur. While taking a break from a hockey game, Wayne took a seat on the bench. A faulty light used to illuminate the ice surface exploded causing severe burns to Wayne. Using the principles of volenti non fit injuria and res ipsa loquitur discuss the success of Wayne's attempt to sue the community.

Volenti Non Fit Injuria

A legal doctrine stating that a person who willingly puts themselves in a position of risk cannot sue for the resulting harm.

Res Ipsa Loquitur

A Latin phrase meaning "the thing speaks for itself," used in tort law to suggest that the nature of an accident implies negligence by the defendant.

Community Ice Rink

A public facility providing an ice surface for skating, hockey, and other ice-related activities, supported and enjoyed by the local community.

  • Analyze the implications of legal notices and signs in public spaces on liability and responsibility.
  • Explore the concepts of volenti non fit injuria and res ipsa loquitur in personal injury cases.
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KG
Karan GuptaJul 20, 2024
Final Answer :
Wayne will use res ipsa loquitur as a foundation for a claim of negligence. The principle shifts the burden of proof to the defendant municipality to show that it was not negligent in the installation or maintenance of the light. Wayne will argue that he has no specific knowledge about how the light exploded to cause his injuries, however there must have been negligent action or omission by the municipality for the explosion to have occurred. The municipality's defence of volenti non fit injuria will not likely be successful. To argue this defence, there must be some foreseeable relationship between the plaintiff's activity at the ice rink and injury occurring from the light. While there is a foreseeable risk of harm involved in playing hockey or watching a hockey game, injuries from an exploding light are not foreseeable in this context. The municipality will have to show that it was not negligent to avoid liability. This may be True if the explosion was caused by other factors such as a unique manufacturer's defect.