Reference no: EM131071698
Raymond is the manager of a professional baseball team who hires a baseball field. Raymond allows spectators to view his team's training sessions in return for an entrance fee. Two years ago, Raymond decided to place wooden benches for spectators to sit on around the edge of the field which he removed after each training session. Raymond made the decision to place the wooden benches approximately ten meters from the centre of the field to create an improved spectator experience as 75% of his team's revenue is gained through the entrance fees that are paid by spectators.
Since being installed, there have been three instances of players tripping over the benches as the overgrown grass around the perimeter of the field has often obscured the view of unoccupied seats. Concerned about his liability of personal injury, Raymond made the decision to place signs in the change rooms of the baseball field warning his team to "take care to prevent tripping on the benches" during their training sessions. As there were benches also lining the corridor leading from the change room to the baseball field, most players were of the belief that the sign meant only to take care to prevent tripping on the benches located in the corridor.
During a training session on 14 April 2016, a baseball player from Raymond's team, John, reversed backwards into the long grass whilst attempting to catch a ball and tripped on one of the benches. John suffered from a cracked knee and had to be hospitalised for six months. John had been drinking beers with his friends until four hours prior to the training session. He was unable to work for this entire period losing $30,000 in lost wages. Because of the depression that he suffered during his hospitalisation, he purchased an investment property on the Gold Coast. As there was a sudden downturn in the property market, John had lost $50,000 when he attempted to later sell the investment property.
Using the ILAC method, advise John as to whether Raymond is liable for negligence and the scope of any damages that may be claimed.
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