Mitch and his family were holidaying in a remote rural area. Mitch wanted to make this holiday experience very memorable for his family so he organised with ‘Family Friendly Adventures’ to take his family on an overnight desert adventure. Promised activities on this adventure included four wheel driving, bushwalking, abseiling, kayaking, camping and river fishing.
During the desert adventure a number of things went wrong. Mitch became ill and could not continue with the trip. He thinks this was because of the food that was provided by Family Friendly Adventures for lunch. Two of Mitch’s children, Stephen and Robert, were hurt during an abseiling activity. They both suffered cuts and bruises and Stephen suffered concussion. The injuries to the children were caused in part because they refused to follow the safety instructions provided by the supervisors of the abseiling activity.
Advise Family Friendly Adventures, Mitch and his family of any rights or liabilities they may have in the tort of negligence and discuss the likelihood of success of each of these actions and appropriate defences which may be raised.