Cengage Advantage Books: Foundations of the Legal Environment of Business 3rd Edition by Marianne Jennings

تمرين 11

Lisa Winters signed up to take a Latino dance class at the Santa Monica Family YMCA, sort of a dancing-with-the-neighbors experience. However, when she arrived for class on April 17, 2002, the Latino dance instructor was ill and the jazz instructor had agreed to fill in so that the class would proceed. The jazz instructor, however, taught jazz. No one was wearing the appropriate shoes for jazz dance, the floor was made of wood, and the instructor asked the students to perform a pivoting spin maneuver. After Ms. Winters attempted the maneuver, the jazz instructor asked her to put more effort into the move. During her second attempt, she performed four leaps (for example, running-type steps with both feet off the ground). As she attempted to perform the pivoting half-spin maneuver, her left foot stuck to the floor. She fell to the floor and was injured. She filed suit against the YMCA for her injuries. The YMCA's defense is assumption of risk. Will the defense fly (as it were)? Explain why all of the facts stated are important in reaching your conclusion. [ Winter v. Santa Monica Family YMCA , 2005 WL 1713936 (Cal. App. 2 Dist).]