3. Macy is a recreational snowmobile user. She tends to ride her snowmobiles hard, preferring to take them over cliffs for thrills. Her last snowmobile irreparably broke when she jumped it over a 10-metre cliff. She thought it an excellent opportunity to buy a new snowmobile. She went to a snowmobile shop named Mike’s Snowmobiles that sells a wide variety of snowmobiles. Macy said to the snowmobile salesperson, “I’m looking for a new sled that can handle some pretty awesome jumps. I like riding them over huge cliffs because it’s fun!” The salesperson replied, “it sounds like you’re looking for this Polaris 9500 model. The shocks on this thing are incredible. Polaris really knocked it out of the park with this one!” Macy replied, “Thanks! That’s all I need to know. I’ll take it.” She fueled the snowmobile and got a different shop, Jane’s Repairs, to service it and look over the snowmobile for defects. The shop serviced the snowmobile and was unable to identify any defects with it. Macy went to ride her snowmobile the next day. Unfortunately, when she tried to take it over a 5-metre “warm-up” cliff, the snowmobile had a defect which caused one of the skis on the snowmobile to shatter under pressure. Upon Macy’s landing, the ski on the snowmobile shattered and Macy was ejected from the snowmobile, causing her to hit a tree and break her arm. Later, it was discovered from Polaris internal documents that Polaris knew about this defect in some of their snowmobiles before Macy’s injury, but did not issue a recall or notice of any kind because “it would be expensive to order a recall. Only 1 in 1,000 snowmobiles have this defect!” Macy is a welder by trade, and so was forced to take 6 months off work while she recovered from her injury. — Discuss whether a) Polaris, b) Mike’s Snowmobiles, and c) Jane’s Repairs can be successfully sued for negligence by Macy. You must explicitly reference each of the four elements of negligence. Note: It is possible you do not have enough information to make a determination. If this is the case, please explicitly state what information you are missing to answer the question.

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