Marty entered a cross country skiing marathon, sponsored by Stowe Hills Resort (Resort). Resort advertised the marathon as being a 10-mile ski course on cleared, groomed trails through a wooded area. During the marathon, Marty fell when he skied over a relatively small tree limb on the trail and broke his leg.
Resort claimed the tree limb was not on the trail when the marathon began and that it could not be responsible for something blowing onto the trail after the marathon began.
Is Resort be legally responsible to compensate Marty for his injury? Why or why not?