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SCENARIO
Jessica Bates and her family own and operate the Sea Breeze Motel on the Central Coast of NSW. Although the motel has been operating for more than 25 years, the service and facilities offered by the Bates family are a source of pride to them and have made the motel a popular destination for frequent holidaymakers and locals alike. The motel has a full range of facilities and amenities available for guests, including a swimming pool, spa, children’s playground and restaurant. The restaurant in particular has an excellent reputation in the area, attracting many local residents as dining patrons each week.
The numerous and extensive lockdowns caused by the coronavirus pandemic have not been kind to the Bates family. NSW Government restrictions on travel, and a general apprehension amongst people in general regarding leaving home, have seen the Sea Breeze suffer significant downturns in business, and this has meant that many areas of the motel operations have been pared back due to cost-saving measures introduced in the pandemic.
Over the last few months, the following incidents occurred at the motel:
During an unseasonably hot summer, some local teenagers have been using the motel swimming pool, without permission from the Bates family, in an effort to escape the heat. The pool is surrounded by the required fencing with the gateway accessible only from the motel building itself. On legal advice, Jessica has positioned signage in the pool area and its surroundings that state:
This pool is for the exclusive use of registered guests of the Sea Breeze Motel between the hours of 7:00am and 9:00pm. The area is locked at all other times.
The pool area is unsupervised. Guests make use of this amenity at their own risk. Children under the age of 12 years must be supervised by a responsible registered adult guest at all times.
Sea Breeze Motel accepts no liability for any loss or injury that results from the use of this amenity.
Jason and Craig were two 13-year-olds from the local area, who lived in the same general neighbourhood as the motel. They walked past the Sea Breeze regularly on their way to school and were well aware that the motel had an inground pool.
On one especially hot day, they decided to jump over the pool fence to try to take advantage of the cool water. There were no motel guests using the pool at the time. The two boys started rough housing in the pool, bombing each other, and Jason accidentally jumped too close to his friend, and landed fully on the small of Craig’s back with his knees. Craig was seriously injured, and it appears likely that he will be permanently paralysed from the waist down. Craig’s parents now wish to sue both the Sea Breeze Motel and the Bates family in negligence as a result of this incident.
Jake is in town for his old high school reunion and is staying as a guest of the motel over the weekend. On the night of the reunion, he returned to the Sea Breeze at about 1:30am, following a memorable night of festivities and drinking. As he was walking up the main driveway to the motel, he stepped into a small pothole that Jessica was aware of but hadn’t yet been able to have repaired. As a result of this mishap, Jake tore the medial ligament in his left knee. When he fell, he also tore a hole in the trousers of the new suit he had purchased especially for his reunion.
Local dentist Christopher and his wife Amy had dinner in the restaurant early in the week. Both ordered the black mussels as a part of their meal. Some of the mussels that were served in the shell were still closed and hadn’t opened during cooking. Their waitress explained that this was not a problem and showed them how to prise open the shells with a butter knife in order to access the flesh of the shellfish. Both diners ate the mussels although they later mentioned that the closed shell mussels tasted unusual and different to the others. Both complained the next day of severe symptoms of food-poisoning. It appears that the mussels that did not open were off and should have been discarded by the chef. The chef who was in charge that night had been newly hired by the restaurant as a back-up to their main chef. He was new at his job and was, he later admitted, unfamiliar and inexperienced with this type of seafood.
Heidi and Aaron are two swimwear catalogue models who are staying at the Sea Breeze Motel during a photo shoot at a nearby beach. Three days ago, on her way to the beach, Heidi was walking along the second-floor passageway from her room when she tripped and fell across an electrical power cord that housekeeping was using to pressure wash the pavers there. She claims that she didn’t see the cord because she was checking her messages on her mobile phone at the time and not closely watching where she was walking. It is also alleged that the colour of the cord closely resembles that of the pavers it was resting on, making it difficult to see. Heidi broke her arm in the fall and will be unable to complete this photoshoot and will also be unable to fulfil any of her other modelling engagements for the next three months.

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