Zhao and Henry set out for a day of fun at “Fearsome,” a white-water rafting attraction. They both signed a waiver stating they “release the operator and its employees from all liability however caused.” Halfway through the course, their raft (piloted by one of the attraction staff) flipped over, an event considered as all part of the “extreme” factor. Both Zhao and Henry were wearing life-jackets. Henry was thrown to one side from the raft and broke his hip in collision with a submerged rock. Zhao was initially unhurt, and both men were carried on the current to the lagoon at the end of the course. A Fearsome boat was waiting for them, and its crew used a hooked pole to snare the loops of their lifejackets. In thrusting forward with the pole, the crewman seriously sliced Zhao’s hand. Henry spent three months in a cast before he could work again, and Zhao missed six weeks of work.
Discuss the issues arising from this That will affect a legal action brought by Henry and Zhao against Fearsome, and render a decision.
Generally, before participating in an adventurous activity, the organizing company makes the people sign the indemnity bond or the liability waiver form which states that in case of any mishappening, injury, temporary or permanent disability and even in the case of death, the company will not be held liable for any compensation/ reimbursement or legal action. You have known the risks associated with the activity and out of your own free will, you still went ahead for it, so in case of any unfortunate happening, you or your family cannot sue the organizing company. It is basically a liability waiver form, a legal document that you sign and releases the organizer from all responsibilities.
In this case, Henry and Zhao had signed the liability waiver form and acknowledged the risks associated with the white water rafting, they had basically released the organizing company of any accountability or legal action towards them in case of a mishappening.
Therefore, they cannot make Fearsome responsible for their injuries and compensation.
Zhao and Henry set out for a day of fun at “Fearsome,” a white-water rafting attraction....