Silcraze City Council owns and operates a gym. It chargers $20.00 per month as m

Question

Silcraze City Council owns and operates a gym. It chargers $20.00 per month as membership fees. On the gym membership card it is written that the cardholder has the right to use all the equipment in the gym. The gym contains various sorts of fitness equipment. One day the only bench press (One Gym Equipment) breaks down and the gym owners place a sign in 'red' beside the bench press, which states, Do not use this equipment. It Is broken question Advise Silcraze City Council of its liability i each of the following situations with James, Ben and Mary who are all members of the gym i) James uses the Bench Press and is injured as the equipment is broken ii) Ben who is blind does not see the sign and uses the bench press and gets injured. iii) Mary who comes to the Gym only to use the bench press sees the sign then looks at her membership card and uses the bench press. She gets injured.

Explanation / Answer

Silcraze city council offer membership to use all the equipment those are available in gym. The following are the case with use of equipment which was broken and had a sign " DO not use this equipment"

In all the case of James, Ben or Mary, Liabilities lies with council because of following

1. Sign must be on the bench press rather than beside it , cause James couldn't see that sign and got injured.

2. Council knows they have member who are blind, they must have audio aid to warn the member as well and protect the access to bench press cause Ben to have injury.

3.Council cannot deny with responsibilities of maintaining the equipment well, Putting a sign is not the only measure to avoid risk of injury to member, they must have taken more action to mitigate all the possible risk involve to protect all member from injury.

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