Aussie Barracuda specialises in designing and making handcrafted surfboards. The surfboards are all individually made by hand, with unparalleled attention to detail and the highest quality craftsmanship. Aussie Barracuda employs a small team of board makers who each have several years' experience in handcrafting surfboards. While making the surfboards, there is a small risk that hot fibreglass resin may splash during the shaping and moulding process, as well as small particles flying in the air during the sanding process.

Aussie Barracuda has issued safety glasses to all of its board makers, with strict instructions that the glasses must be worn at all times within the factory. They have also placed a sign in the factory work area which states: "Safety equipment must be worn at all times." The factory supervisor, Gary, rarely checks to see whether the board makers are wearing their safety glasses.

One of the board makers, Jessie, is splashed in the face and eye with hot fibreglass resin. He jumped up screaming, and then collapsed in the work area, in the process knocking his brand new smart phone to the floor, where it was smashed to pieces. The phone was valued at

$1,200. Jessie required hospitalisation, incurred medical expenses, and a loss of income, as he was unable to work for two months.

An investigation into the matter discovers that Jessie was not wearing the safety glasses, and, while working, Jessie was also sending text messages and listening to music on his new smart phone. It is also discovered that instead of safety glasses, protective face masks could have been issued by Aussie Barracuda, which would have protected the whole face, not just the eye area, but these would have been 5 times the cost of the safety glasses. The investigation also shows that this type of accident has never happened before at Aussie Barracuda in more than 25 years of operations, but on average occurs in the industry approximately once every 10 years.

Advise Jessie about his prospects of success in an action against Aussie Barracuda in thetortof negligence. Pleasediscuss all elements of a negligence action and any defences that might apply. Please ensure that you use relevant legal principles and authority in support of your answer (ie. cases and/or legislation).