Question: the problem scenario monday 22yearold went to a skateboarding performance...
The Problem Scenario
Monday (22-year-old) went to a skateboarding performance in the NSW town of Hurstville, organised by the Sabre Skating Club Pty Ltd (SSC) in January 2020 . The area where the professional skaters were to perform was fenced off and Monday paid $20.00 for a ticket to access the viewing zone. There were no notices or risk warnings made to spectators either on the ticket or elsewhere. Inside the area there was a half-pipe, bowl and stairs where three of Sabre Skating Club’s professional employees demonstrated their skills to the paying spectators. The audience stood around these areas in large crowds that were in places four to five people deep. This was partly because one of the skaters, Don Dexter, had just come 2nd in the 2020 RTM Skateboard World Cup. When the performance finished (and there was lots of yelling for an encore), Dexter announced a product toss. This meant he would throw various products into the audience for them to catch and then keep. Dexter threw ten packs of stickers into the crowd which were caught by spectators without issue. Dexter then held up a customised skateboard deck and flung it high into the air towards and over the crowd. A skateboard deck is the standing platform of a skateboard, without wheels or trucks and this one was made from layers of laminated wood and it weighed 1.5 kilos. Some of the spectators tried to catch the deck however when it was falling it hit Monday on the head. Monday had been deep in conversation with a friend next to him, so he had not been paying attention to any of the product tosses that were taking place. As a direct result of the impact, Monday then fell to the ground unconscious with a severe head wound. As many other spectators moved in to try and grab the deck they trampled on the unconscious Monday, which caused damage to his spinal cord. None of these individuals could later be identified. As a result of his injuries Monday was hospitalised for six months and now must always use a wheelchair as he had become a paraplegic. Medical professionals have told him that there is no prospect of him regaining the ability to walk.
Does Dexter have any defences to negligence? (Rule – Voluntary Assumption of Risk, s5F & s5G and Contributory Negligence s5R & 5S & cases/precedents)