(1a) Gordon is a chef working in Ramsey\'s Kitchen, a famous restaurant in Sydne
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Question
(1a) Gordon is a chef working in Ramsey's Kitchen, a famous restaurant in Sydney. One day the kitchen experiences a major spill of a large pot of potato and cauliflower soup. The floor becomes very slippery and wet. Alf, the owner of the kitchen, instructs all his employees to be careful while working in the kitchen. Alf also provides his employees with anti-slip shoes. Meanwhile, the floor is mopped clean. Despite all this effort the kitchen remains slippery.
Gordon is upset about the whole incident and insists that Alf closes the kitchen in order to avoid any mishaps.
Gordon in his hurry to finish what he was cooking slips, falls, and breaks his leg. He was not wearing the anti-slip shoes provided by Alf. He suffers pain and is in hospital for 5 days incurring medical expenses amounting to $5,000.
Advise Gordon as to whether he can sue Alf in the tort of negligence. In answering the question explain what each of the elements of negligence are and how they would be applied.
(1b) What are the defences available to a claim of negligence and would Alf be able to rely on any of these possible defences in the example in (a) above. Give reasons for your answer.
Explanation / Answer
Answer
In this scenario Gordon would claim of negligence damages based on the fact that the risk involved here is obvious risk, and Alf would have provided in writing about the risk and it's consequences. Alf could defend by stating that, obvious risk information was provided to all the members and Gordon fell down and got injured due to his own negligence that is an inherent risk.for which the owner is not liable.according to WCR Act provides that a court may make a finding of contributory negligence if a plaintiff undertakes an activity involving an obvious risk.
A defendant is not liable in negligence for harm suffered by a plaintiff as a result from the materialisation of an ‘inherent risk’ (s 16 Civil Liability Act).
References: https://queenslandlawhandbook.org.au/the-queensland-law-handbook/health-and-wellbeing/accidents-and-injury/defences-to-a-negligence-action/
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