In Reviewing Torts p 90 we read that Elaine Sweeney was injured on a snow tube at the Ragged Mountain Ski Resort. Seems she snow tubed unsupervised and without instruction until she crashed into another tuber resulting in harm.
You be the judge:
1. How would Elaine prove negligence on the resort and what would be their defense?
2. Would the state law protecting ski resorts apply as well to snow tubing?
3. If the jury decides Elaine was partly at fault¸ could she still receive compensationunder which theory?
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