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Local Supermarket.
Ben busy on phone. Wasn’t paying attention. Walking near the freezer area, slipped on some wrapping paper that has been left on the floor. As Ben tried to recover his balance, he caught his arm on the edge of the open freezer and cut his arm on a pack of freezer prawns sticking up out of the top of the freezer.
Ben sustained a very deep cut to his right arm when he tried to break his fall and stop hitting himself with his own shopping basket. Sam, who was also shopping, saw Ben fall and came to help him. But as he was trying to help Ben to his feet, he lost grip of Ben’s hand and Ben twisted his ankle.
The supermarket manager apologised to Ben saying that accidents happen but there is a cleaning policy in place that requires a staff member to check the floors every half hours and more frequently during busy periods. He said the last time a staff member checked the floor was 25 minutes before Ben fell. He also told Ben that he should have been a little more careful and that being on the phone whilst shopping is a dangerous activity and he needed to pay attention.
As a result of his injuries, Ben is unable to partake in the swimming championship selections. There is every indication that Ben could have received a gold medal in the 400 metre butterfly race qualifying him for the next commonwealth game. But due to his injuries, this is now gone.
Advise Ben on actions against:
1. Supermarket
2. Sam
It should be followed as:
Step 1: Does D owe P a duty of care?
Step 2: Has the defendant breached their duty of care?
Step 3: Has P suffered damage?
Step 4: Does D have any defences?
Step 5: What will P recover?
You should put some case which is related with the question.
For example, Negligence means that the failure to exercise reasonable care and skill. The first element of negligence must establish that the defendant owe a duty of care to the plaintiff. In Goldman v Hargrave [1967] the Privy Council establish that Goldman was responsibility for the spread of the fire to Hargrave’s land since the hazard could have been removed with little effort and no expenditure.
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