A supermarket customer accidentally dropped a bottle of juice. The bottle split open when it hit the floor.Juice spread over the floor area in front of the refrigerators.A supermarket employee witnessed the accident and rushed off to collect cleaning equipment and warning signs.

Warwick had spent the afternoon drinking alcohol at his local hotel. Evicted from the hotel for being drunk, he stumbled across the road to the supermarket to purchase some juice.Warwick also witnessed the accident with the juice bottle but, unlike the other customers who stood back, he walked onto the wet floor and reached for a bottle of juice. Warwick slipped on the wet floor and, as a result, suffered concussion and a broken arm.

Warwick now wishes to sue the supermarket for common law negligence. The supermarket acknowledges that it has a duty of care to Warwick but it wants you to advise it regarding standard of care and anything that might help their defence.