Sandra Black ± OR Paralegal January 22, 2010TORT LAW
Unit 3 Assignment:Jane is a guest at the Luxor Resort. The Luxor Resort offers bungee jumping asone of its recreational activities. Jane voluntarily signs up for the bungee-jumpingactivity. Paul, the resort employee that oversees the bungee jumping, tells Janeand the other bungee jump participants to remove all jewelry. Jane removes her necklace and earrings but forgets about an anklet or ankle bracelet that she iswearing. The bungee cord is attached to Jane¶s ankle and Jane then injures her ankle during the jump. Jane sustains $2,000 in medical bills along with pain andsuffering.1. Discuss whether Jane can successfully maintain an action for negligence.Specifically analyze each of the elements below for a negligence case.a. DutyPaul, the resort employee, had a duty of care to instruct all participants inthe safe usage and risks associated with bungee jumping. Jane had a duty as well.Her responsibility was to know the assumption of risk for such an activity.
Sheshould also have made sure that she paid attention and followed the safetyinstructions.
b. BreachPaul should have asked Jane, prior to attaching the bungee cord, if she wassure that all jewelry was removed.c. CausationPaul had a duty of care standard for this recreational activity. Paul also hadcertain knowledge about the safety precautions and the consequences if hisinstructions were not followed. Jane did not follow the full instruction to removeall jewelry.d. DamagesJane suffered a broken ankle and $2000 in medical bills as a result of theactivity. She also had pain and suffering due to the injury.