Terrence, who is 19 years old, went with a few friends to play night paintball at the local venue, called Paintball Extreme. Portions of the play area were both inside and outside the building. In the outside area, the edges of the boundary were marked by a chain link fence and some lighting, but there was a five meter stretch that was cloaked in darkness with no external lights and some bushes landscaped into the perimeter. There was a small sign posted close to this area saying players were entering a 'high risk' zone and they were playing at their own risk. There were also warning signs as you enter the building and as you exit to the outside play area about the potential dangers of paintball. There was also a verbal warning over the loudspeaker as you enter the venue and sign out your protective gear. On the back of Terrence's receipt was the following:
"Warning: Despite enhanced player protective gear, serious injury can occur. Stay alert at all times including before and after the game stops.
The holder of this ticket assumes all risks and dangers of personal injury and all other hazards arising from or related to the event for which the ticket is issued."
Sure enough, shortly after the game started, Terrence tripped over a shrub and broke his ankle. Terrence didn't see the shrub because he was busy talking with his friends at the time and was not paying attention to his surroundings. Terrence wishes to sue the owners of the paintball venue.
Do the owners of the venue owe Terrence a duty of care? Explain your answer.
Have the owners breached the standard of care? Explain your answer.
Did Terrence suffer damage? Describe the damage.
Was the damage caused by the actions of the owners? Explain your answer.
Are there any defenses available to the owners? Describe at least two defenses available to the owners.