Question
Case Scenario Mischa, Ned, Olson and Petra all work together at 'Tyres R Us', a tyre making factory. Last July, all four were working in
Case Scenario Mischa, Ned, Olson and Petra all work together at 'Tyres R Us', a tyre making factory. Last July, all four were working in the factory, when a fire broke out due to negligently installed cables by an employee. The fire spread quickly through the factory and reached the office that Mischa and Ned were working in. Mischa was able to escape through a nearby fire exit and was unharmed, but Ned suffered second-degree burns while making his escape. Olson was returning from buying a sandwich when he saw plumes of smoke leaving Mischa and Ned's office. Olson who had been Mischa's boyfriend for 9 months was very worried for both her and Ned's safety. When Olsen saw Maria run out of the fire exit covered in ash and coughing, he was very shocked. Petra reached the fire assembly point safely. She realised that Renu, an employee who had restricted mobility, was not present. Petra revisited the factory and was able to rescue Renu. Petra did not suffer any physical injury in the process. Mischa, Ned and Petra have all been diagnosed with post-traumatic stress disorder (PTSD). Olsen has been suffering from terrible nightmares since the fire.
3. how i can Advise Petra: (a) Whether she is owed a duty of care as a primary or secondary victim. (b) Assuming that she is owed a duty of care, as to the likelihood of the defence of contributory negligence being successfully used against her.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started