Singing Waters is a resort located in the forest. Recently, Qrius, one of their guests was injured while trespassing in an unauthorized area of the resort. It is important for Singing Waters to understand if they could be held liable for Qrius’ injury and what measures they should take in order to minimize liability.
Explain to Junie if Singing Waters could be held liable for Qrius’ injury given that he was trespassing in unauthorized areas of the resort.
In general, when someone trespasses on another person’s property, it can be difficult to establish liability against the landowner or occupier because it is assumed that trespassers are aware of risks and dangers associated with entering such areas. This legal principle is referred to as “the rule of volenti non fit injuria” which states that no wrongful act has been committed by Singing Waters because Qrius voluntarily accepted the risk of being injured by trespass upon the property (Keely, 2019). Therefore, if this assumption holds true with respect to Qrius’ case then Singing Waters would not be liable for his injury.
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