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Question
Sydney Skydivers is a local sky diving company based in Sydney, Australia. Recently, a customer was injured in a skydiving accident on their facilities. The following news article contains more information about the accident:
News Article
Your task is to advise the Chief Executive Officer of Sydney Skydivers in relation to the following legal issues which have arisen in relation to the skydiving accident described in the article.
1. Did Sydney Skydivers owe a 'duty of care' to the injured person/customer?
2. Was Sydney Skydivers negligent (apply s5B of the Civil Liability Act 2002 (NSW))?
3. Did the injured person/customer sign a waiver before jumping? What does the waiver cover?
4. Does the skydiving company have any defence e.g., 'voluntary assumption of risk'?
5. Does the skydiving company have insurance for this kind of accident? Does the injured person/customer?
6. What processes should Sydney Skydivers implement to avoid future accidents?
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