3. Kennedy and Nixon decide to visit KLM Go-kart facility to talk business. At the facility signs are posted everywhere in bold: ?BY PARTICIPATING IN Go-KART RACING, YOU VOLUNTARILY ASSUME THE RISK OF ANY DEATH OR INJURY THAT MAY RESULT.? Kennedy and Nixon, who dislike each other for unknown reasons, are the only ones on the track. They begin the race they drive very aggressively. Unbeknownst to either party, Tommy, KLM?s mechanic, fed up with low pay, did not do the usual morning inspection of the brakes and tires on either vehicle that morning.
After two laps, Kennedy?s brakes fail as he tries to aggressively pass Nixon. He crashes into Nixon?s kart near the waiting area. The brakes on both vehicles fail to hold. A tire dislodges at a high-rate of speed, and hits Nixon in the head, rendering him unconscious and bleeding from head injuries. At the time, Nixon was not wearing his helmet. Nixon is hurt badly from the head injuries and sues KLM.
(a) What are Nixon?s chances of success on a negligence claim against KLM Go-karts?
(b) What defenses might KLM use against the claims asserted by Nixon?
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