Amazo Ltd makes the highest quality blown glass figurines. The figurines are all individually made by hand. Amazo has a dedicated team of experienced glass blowers. However, as with all glass blowing, there is small risk that the glass bubble will pop and send glass shards in the air. Glass blowers need to cool equipment using water, and sometimes this water spills on the ground.

Amazo has a strict policy that safety goggles must be warn at all times when on the glass blowing floor of the factory. The factory safety supervisor, Bernard, checks once every morning to see that the glass blowers are wearing their safety glasses. However, there are no signs in the workplace about safety equipment. Bernard also patrols once every 3 hours to check for spilled water. Spills are mopped up on these patrols, but not at other times.

One afternoon, Caj, an experienced glass blower working for Amazo, slips on a puddle of water that had spilled earlier. This causes Caj's arm to rapidly move and causes the glass bubble Caj is working on to shatter, sending a glass shard into Caj's eye. Caj required eye surgery in hospital, incurred medical expenses, and suffered a loss of income, as Caj was unable to work for 6 weeks.

An investigation into the matter discovers that David, another glass blower, accidentally spilled water on the floor about 2 hours before Caj's accident. Moreover, Caj was not wearing the safety glasses at the time of the accident. The investigation reveals that several workers have complained that the safety glasses fog up in the afternoon and make it difficult to see as the factory floor heats up. There are non-fog safety glasses. However, the cost of non-fog safety glasses is 15 times the cost of regular safety glasses.

The investigation also shows that reports of workers slipping on spilled water are fairly common, occurring about three to five times a year, but that most of these have been minor injuries, not requiring any medical treatment.

Advise Amazo about their prospects of success in defending an action brought against them by Caj in thetort of negligence. Pleasediscuss all elements of a negligence action andanydefences that might apply. Please ensure that you use relevant legal principles and authority in support of your answer (ie: relevant cases and legislation).