Dipan is a lecturer in a private school. One Sunday afternoon, he returned to the school to do some marking. Toward the late evening, as he sat in the lecturers' room on the fifth floor of the building doing the marking, he began feeling sleepy. He decided to take a short nap at his desk and soon fell into a deep sleep. Later on, a security guard, believing everyone had left the school that night, locked up the school and went home. In the early hours of the morning, Dipan woke up and found himself locked in the school on the fifth floor. When he wanted to call for help, he found that his cell phone battery was dead. When he wanted to use the stairs to leave the building, he found all exits locked. Not knowing what else to do, he went into one of the classes and threw a chair at the window in order to break the window and attract the attention of passers-by. The chair hit the window but the window did not break. Instead the impact caused the chair to bounce back and hit Dipan in the face. He was found injured and bleeding from the mouth the next morning by the school staff. Dipan has made it known that he now intends to sue the school for "negligence in failing to provide a safe working environment", and for "wrongful confinement".

The school has approached you to discuss the merits of his claim. Advise the school on the possibility that Dipan may or may not succeed in his action.