Reference no: EM132403611

Gerald and Meghan went for an outdoor activity last month at Act Venture, a company that provides outdoor recreational services including flying fox, rock climbing, kayaking and caving. While no unwanted incidents ever occurred, the company has a policy where participants are briefed about each of the activities including safety precautions to be taken and are taught some basic first aid skills. Before attempting each activity, participants are required to undergo separate and brief training in which they have to practice safety measures in a controlled setting with the safety rangers. Harnesses were also provided for the relevant activities which require them.

During one of the activities which involved moving between platforms placed high up in a canopy of trees, participants were briefed on the correct method of securing and detaching their harness from the platforms as they were required to do it themselves while they are at the top. Gerald did not clip and secure his harness properly as he moved between platforms and slipped on a puddle of water at one of the platforms. He fell off the platform and fractured his right leg.

Meghan, who was rock climbing, suddenly felt dizzy. She called out from the top to Pete, who was the worker assisting other participants on the ground, but as Pete was attending to another participant below, he did not hear Meghan. Meghan lost her

balance and, because her harness wasn't secured properly, she fell right to the ground and got seriously injured. It turns out that Meghan has been living with a severe condition of brittle bones disease which made her condition worse than expected.

When Gerald was brought to the hospital, Ginny, who was a junior doctor, was assigned to attend to him. She had only treated fractures twice and decided to employ an unconventional method of treating Gerald's leg. Gerald's fracture did not improve months later and had, in fact, worsen that his leg had to be amputated.

Advise Gerald and Meghan as to any claims they may have against Act Venture, Pete and/or Ginny for the tort of negligence.