At the time of the incident, Mr. Plett owned a business, Scrappers, which sold antique and recycled items. Ms Lake had been at Scrappers on several occasions prior to her fall to purchase recycled items which she used in art projects. On those previous occasions, Mr. Plett or one of his staff assisted Ms Lake in carrying the purchased items out to the loading dock and in loading them into her car. On this occasion, Ms Lake went to Scrappers to exchange items that she had previously purchased. She arrived at Scrappers and parked her car next to the loading dock. She entered the store through the front door and spoke to Mr. Plett. She had decided to take, in exchange for what she was returning, a box of telephone covers and three metal stands. She took the box of telephone covers to her car through the front door. She then returned to get the three metal stands. The metal stands were not heavy, but were large and cumbersome so Ms Lake thought it would be awkward to get them out of the store. Ms Lake testified that when she asked Mr. Plett if she could take her stands, he pointed to the gate that led to the loading area and told her she could take the items herself. Ms Lake appeared to be an indication that she did not have to wait for staff assistance. Ms Lake proceeded to get the stands and take them to the loading dock. The dock was 4'1" above the ground outside where her car was parked. Ms Lake said that she squatted down with the intention of propping the stands on the ground against the side of the building. She succeeded in doing that with two of the three stands which were each six feet in length. Ms Lake testified that because the third stand was only four feet in length, she was not able to prop it on the ground from the level of the loading dock. So she stepped with one foot onto a rubber bumper that was affixed to the outside of the building a few inches below the surface of the loading dock. It is obvious from the photographs of the building that the purpose of the bumper is to prevent trucks that are backing into the loading dock from hitting the concrete wall of the building. There are two of these bumpers, one on either side of the opening to the dock. Ms Lake said that when she put her weight on the bumper her foot went through it and she fell to the ground causing her injury. Scrappers' owner stated that he had a policy that customers who used the loading dock would get assistance from either him or one of his staff. The defendant acknowledged that the reason for this policy was so that nobody would injure themselves. There is a sign inside the store, on or near the gate that leads to the loading dock area, which says "employees only". While Ms Lake testified that she fell because her foot went through the bumper when she stepped on it, she admitted that she told two of the defendant's employees, who came to her assistance after she fell, that she had jumped off the loading dock. Ms Lake is 5'1". As I said, the loading dock is 4'1'' high. Ms Lake felt that she was too short to negotiate the jump although she had seen the defendant and his staff members do it. 1) Would Ms. Lake have a claim against either Scrappers or Mr. Plett? Consider both a claim in negligence (8 marks) and under the Occupiers' Liability Act (4 marks). For each component of the question, ensure you take a position, consider counter arguments and defend your position. Please limit your response to a maximum of 400 words.