Analyze the situation described in the following set of facts with respect to: (1) A duty of care; (2)(a) standard of care; (2)(b) Breach of standard…

Analyze the situation described in the following set of facts with respect to: (1) A duty of care; (2)(a) standard of care; (2)(b) Breach of standard of care; (3) Causation;

and (4) Damages.

Klutz won a contest sponsored by a radio station, entitling him to play in a twilight golf tournament.  He went to the radio station and signed a form releasing the station from any liability connected with the tournament. The event was held at the Dark Side Country Club, beginning at 11 p.m. Klutz attended a pre-tournament instructional meeting and was told that his team was to tee off on the second hole.

While the team headed for that spot, Klutz hurried to his car to get his clubs and golf shoes.  As he sprinted down the path to the parking lot, he ran into one of a series of black iron posts, or bollards, embedded in the asphalt path at the point where the walkway and parking lot met.  Klutz somersaulted several times, ending up on the driveway with banged knees and a badly bruised elbow.  The iron posts were there to keep vehicles off the golf course.

He played seven holes of golf, but could not carry on to complete 18 holes.

Prior to the accident he was a self-employed upholsterer.  Following the accident, he was unable to work for three months.  After that his production was down 20 percent.  His ability to participate in household and leisure activities was also reduced.

  1. If Klutz launched a lawsuit, who might he name as defendant(s) and why?

2.Identify, and comment on, 3 different things for which Klutz might claim damages.

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