Assignment
Read the following fact-based scenario and then complete the assignment.
The marketing team of a large corporate organisation, Purity Software Ltd, decided to organise a team building weekend away in the Blue Mountains of Sydney. Nine members of the business signed up. There were four women and five men. The weekend was run by Wellness and Fitness Pty Ltd, whose brochure showed activities to include bush walking, rope courses, meditation, yoga, and spas.
Adele was the CEO of Purity Software Ltd, and her brother, Peter, was employed in the IT department. They decided they would lead by example and attend the retreat. Adele was looking forward to yoga and a massage, whilst Peter was looking forward to the ropes course and meditation.
Wellness and Fitness Pty Ltd asked each person to complete a survey, which asked questions about fitness levels, interests, and food restrictions.
Bob was assigned to meet the group on the Friday at 2 pm. Bob was a keen bushwalker and always started his groups with that exercise. He wore khaki pants and a matching shirt. On the pocket of his shirt was a small logo of Wellness and Fitness Pty Ltd. He also wore a company hat. He split the groups into two gender groups and told them they would be going on an easy bushwalk carrying a backpack each. They were given starting points and told that one member must orienteer for the group. They would hike for less than three hours and should arrive at a cabin for a night's rest. It would be a different cabin for each group. On the Saturday they will follow a different path back to the first meeting point. Whichever group was first to return would choose the next activity. They were told that there was sufficient food in their backpacks for afternoon snacks, dinner, breakfast and morning snacks. They would carry plenty of water. They were warned to always remain together in their groups.
By 3 pm each group had set off on their bush walk. There were some complaints from both teams within an hour about the weight of their backpacks. The men decided to stop and look at what they were carrying. They lightened the loads by eating the snacks, and drinking some of the water. After inspecting the food they were carrying, they decided to jettison the bowls they were carrying. The women carried on but two of them, Sophie and Tessa, revealed red weals across their shoulders and redness from rubbing on their backs.
Each group gained the site of their cabins by 6 pm. The women looked at the cooking facilities and realised they were expected to build a fire to warm their prepared meal, a lamb stew. Adele was not happy about this as she had told Wellness and Fitness Pty Ltd she was vegetarian. Bob had made an error and had given the vegetarian meal within one backpack to the male group. Consequently, Adele did not eat much for dinner that Friday night, eating an apple. Before nightfall the women had collected enough small sticks to fuel a fire in the fire pit supplied near the cabin.
The men, having reached their cabin decided to sit down and enjoy a bottle of scotch which Peter had snuck into his backpack without Bob noticing. After dark they decided to eat their dinner only to discover they were expected to build a fire and cook it outside the cabin. One of them had been carrying a billy can. They spread out and felt around in the bush collecting sticks. They had not seen the provided fire pit, so they lit a fire on the ground and placed the billy can in the middle of the fire.
The women consumed their dinner and went inside due to the insects annoying them. They lay on their bunks talking. When Peter tried to take the billy can off the fire using two sticks he struggled. One of the sticks caught on fire and Peter was not fast enough in taking the billy can away from the fire. He dropped the billy can into the fire and it overturned. He also flung the burning stick aside. Henry noticed the stick was alight and burning the dried grass so he jumped up and stamped out the flames before they really took hold. No one could see any more flames other than within the fire itself. Peter had burnt three fingers on his left hand. There was a first aid kit in one of the backpacks so Tom cleaned the fingers and bandaged them. The men shared the vegetarian meal and ate the fruit, and went to bed.
Peter was not feeling very well, but he put that down to the pain in his hand. However, during the night his temperature rose, and his breathing became laboured. Philip, one of the group, heard this so woke up the others. The lights went on and everyone could see Peter was a pale colour and sweating, although it wasn't that hot in the cabin. Tom checked the hand and didn't think it was infected so he did not understand what the matter was. Brendan offered to hike out in the dark to get help as no-one's mobile phone had reception. The others were worried so let Brendan leave. He left with nothing, so he was not slowed down. No one else chose to go with him.
By first light it was obvious Peter was very ill, and was disorientated. Tom decided to stay with Peter whilst the other two men left, without their backpacks, to ensure help was on its way.
Meanwhile in the women's camp, they were sharing their breakfast after a reasonable night's sleep. However, during their evening chats two of the women discovered they were dating the same man. These two women, Alicia and Tamara, now refused to look and talk to one another. The women set out but there was an uncomfortable silence amongst them.
The two men arrived at the meeting point first. They were surprised Brendan had not yet reached the meeting point, having started many hours earlier. A helicopter was called to tend to Peter. Tom had to walk out. Peter was taken to the local hospital, where it was discovered Peter's leg was swollen and there were two distinct puncture marks in the swelling. Clearly Peter had been bitten by a snake. A general anti-venom injection was given by the emergency doctor. Peter reacted badly to this injection, and was airlifted to a Sydney hospital. He was showing signs of an allergic reaction. No one at the local hospital checked Peter's hand.
The women arrived at the meeting point around 11 am. Bob informs Adele about her brother. She collapsed with shock as he was her only living relative. She needed to be sedated by a local doctor and was sent to the local hospital for monitoring.
A search and rescue team was sent out to look for Brendan, who had not come out of the bush. He is not found for two days, by which time he is dehydrated and disorientated. In the dark he had taken a path in the wrong direction. He is taken to the local hospital. Brendan does make a full recovery but was hospitalised for five days and needed a further two weeks recuperation at home.
Adele develops post traumatic stress disorder and is not capable of running the company. She steps down as CEO, forgoing her $320,000 per annum income. She can work from home but does not feel able to go into a workplace. She is now earning around $200 per week. This means she cannot keep her harbourside mansion as she cannot meet the mortgage repayments. She sells this and can only afford a small one bedroom apartment as no bank will give her a mortgage with her current income. She lets go her cleaning lady, as there is insufficient rooms to be bothered with a professional clean, and she really couldn't afford her any longer.
Peter does eventually fully recover from his snake bite but develops ophidiophobia, which is an extreme and overwhelming fear of snakes. His burnt fingers, on the other hand, do not heal as they should. This may have been because they were not looked at in a timely manner. He needs several skin grafts and further treatment for his left hand. He is taking pain medication, and will have to continue with this until at least after all operations. He played the electric guitar in a reasonably successful band, but due to the damage he is unable to play any instrument. He may never recover the full use of the muscles in his hand and fingers. His band was regularly booked so he has now lost that income, which was $1,000 a week. He also struggled at work, with typing on a keyboard. He tendered his resignation. He is struggling to find other employment.
Task
1) Advise Peter and Adele as to any claim they may make in negligence based on these facts.
2) Advise both of them as to how damages for personal injury will be assessed, should they be successful. Refer to relevant sections of the Civil Liability Act 2002 (NSW) and relevant case law in your answer. You are not required to calculate actual damages.