A yoga instructor, licensed through a respected program that…
A yoga instructor, licensed through a respected program that meets the highest standards as defined by the profession, established her own studio in a building that abuts a large park. She became so popular that a waiting list to attend her class has grown. A potential student, who could not get into the instructor’s class, regularly watched the instructor’s lessons from behind a tree in the park adjacent to the studio, mimicking the instructor’s movements. The instructor knew of the potential student’s activity, and was annoyed that he was taking advantage of her classes without paying for them. During one morning class, she explained the situation to her paying students and warned them that she planned to perform silly poses directly contrary to yoga principles in hopes that the potential student would stop watching her class. She warned all of her clients not to mimic her poses. The potential student copied the instructor’s fake poses and sustained a serious back injury. He sued the instructor for negligence. Would the instructor be liable for the potential student’s injury?