LAWS11069 Torts Assignment – Australia

Question 1
Ralph was overweight and knew that unless he lost weight, he was likely to die before he reached 50. His father’s death at the age of 48 due to a heart attack was a constant reminder for him to take better care of himself. A week before his 45th birthday Ralph finally decided to enrol in the High-Intensity Interval Training (HIIT) programme offered by the Brisbane Let’s HIIT It Gym four times a week. HIIT involves alternating bursts of intense or explosive exercise to the point of exhaustion and brief recovery periods.
LAWS11069 Torts Assignment – Australia

LAWS11069 Torts Assignment - Australia

At Ralph’s first HIIT session he felt exhilarated that he managed to somewhat keep up with the group despite his years of physical inactivity. He resolved to work out harder the next time the faster to lose his weight. A few minutes into Ralph’s second HIIT session however he suddenly felt ill and nauseous and dropped to the floor. As he did he hit his head on a kettlebell (a heavy cast steel ball used for exercise) that had been left on the floor by Larry, the fitness trainer and sole proprietor of the Brisbane Let’s HIIT It Gym.

Shocked in seeing Ralph unconscious and bleeding on the floor and perhaps not wanting to get involved Larry and the eight other HIIT group members took no steps to render CPR or first aid. Instead Larry called Triple Zero. An ambulance arrived about 30 minutes later to bring Ralph to the hospital. By the time the hospital emergency doctors treated Ralph he had suffered severe brain damage as a result of a heart attack and concussion from hitting his head on the kettlebell. After leaving the hospital, Ralph has come to you a Solicitor for legal advice. Provide legal advice as to the potential legal liability of Larry.

Question 2
Norton a retiree lives in a house that some might say has fallen into disrepair. Although folks like Norton who live in rural Queensland are often known to be quite friendly he tries to avoid the Preston family his neighbours who live about 400 metres down the road. Norton is especially wary of Darren Preston a 14 year old kid who has a reputation for being troublesome and an Eshay (some one considered to be inclined to crime and violence and engage in anti social behaviour).

Norton’s cautious attitude towards Darren appears justified One late evening Darren tried to climb through an open window of Norton’s house. As he did so he injured his right hand when he pressed it onto a sharp rusted nail that protruded from the inner window sill. This injury ended Darren’s brief evening adventure (or misadventure). The nail would have been visible to anyone from inside the house, including Norton but not to anyone who went through the window.

Afraid of getting a beating by his father Darren kept his hand injury to himself. It wasn’t until a few days later when his hand was already swollen and severely infected that Darren told his father about the injury and how he injured himself. By the time they went to the hospital the doctors were left with no choice but to amputate Darren’s right hand.

Darren’s father come to you a Solicitor for legal advice. Provide legal advice as to the potential legal liability of Norton. Assume that Preston has not committed an indictable offence.

Question 3 :-
Mary was excited to travel from Gold Coast to Gladstone to see John for the first time. They had met on Tinder a few weeks earlier. John had initially offered to travel to Gold Coast but Mary insisted that she wanted to visit Gladstone. Since Mary couldn’t be dissuaded all John could do was warn Mary about the long trip and the usual hazards of road travel.

By the time Mary entered Bundaberg at about it was already dark. On a long stretch of road that was devoid of street lights Mary failed to slow down at a sudden sharp bend on the road veered off the road and crashed her car into a tree. She suffered severe injuries as a result of the accident. As she was being extricated from her car by some Good Samaritans who lived in the area she could hear them remarking that her accident was an avoidable one if only the Bundaberg Regional Council heeded the call for more road lights and road warning signs.The area where the accident occurred was notorious for road accidents.

After leaving the hospital Mary has come to you, a Solicitor, for legal advice. Provide legal advice as to the potential legal liability of the Bundaberg Regional Council which has operational supervision over the public road at which the accident occurred.

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