Branko asked one of his young employees, Scott, to rearrange the storage facility for the workshop attached to the service station. Scott had no experience, nor had he been given any training on the handling of hazardous materials or protective equipment. Branko's supervision of Scott for this task was minimal and amounted only to routine progress checks every 30-40 minutes. When he started moving the 24-volt lead-acid truck batteries, Scott noticed that some of the batteries had been incorrectly stored on their sides and had leaked. He managed to move a number of these units with some difficulty, however his hands and clothes were soon covered with a film of sulphuric acid from the leaking batteries. After an hour of this labour, the skin on his hands and arms that had been exposed to the acid was irritated and red, and so Scott complained to his employer. Scott was told simply to rinse off the affected areas and rest for the remainder of the day.

Scott has now discovered that he has suffered serious chemical burns from the battery acid.

Q1. Represent Scott in action in negligence against Fuel Services P/L & Branko

Q2. Represent Branko & Fuel Services P/L defending action in negligence by David & Amanda