Flystar Ltd is the event organiser of "Chewing the Cud," an outdoor music festival first held. Because of the popularity of the star attraction, the band Red Lizards, the event was quickly sold out of its 5,000 tickets and 2,500 more were put on sale all of which were sold by the start of the event. There were no ticket sales at the gate. The event was advertised as an alcohol free event.

Kate and Rebecca bought tickets to the festival. Rebecca had filled her water bottle with vodka at home. She was surprised when her bag wasn't checked on entering the venue. Kate loved the music and worked her way to the front of the stage but Rebecca got bored and left the main stage arena to talk to some friends. They consumed the bottle of vodka while they chatted and amused themselves watching people climbing the fence to get into the venue. When the last act had played everyone made for the exit which was one single gate in the cyclone wire perimeter fence. A couple of people slipped on the gravel near the exit and fell. That triggered a stampede of people trying to get out and pushing forward resulting in more people falling and getting trampled or being pushed against the fence.

Rebecca was trampled and suffered a broken leg and significant cuts and bruises. Things were very chaotic and because her leg was broken she couldn't assist herself and she had lost her phone in the chaos. Ambulances were called but due to the many injuries and the fact that there was no vehicle access into the venue it took the paramedics some time to triage all the injuries and transport to hospital those who needed hospital care. Sixty people needed hospital transport. A further 100, including Kate, had more minor injuries. Kate suffered a dislocated finger. She took herself to the first aid tent where she eventually got some assistance once more urgent injuries had been dealt with.

Rebecca and Kate consult you for advice. They have heard, from a friend, who worked as a casual at the festival that the professional risk assessment for the event recommended provision of 10 first aid personnel in the first aid tent for an event of 6,000 people. It also recommended 20 security personnel for an event of 6,000 people. The first aid tent had 10 first aid personnel. The tent was in the middle of the venue and could not be reached by the ambulances. Some of the first aid personnel travelled around the venue on foot attempting to assist those who were severely injured and could not be moved until the ambulance paramedics reached them. There were 18 security personnel on duty as 2 had called in sick on the evening of the event.

Advise Rebecca and Kate whether they would be able to successfully sue Flystar Ltd in negligence. Consider in your advice whether the elements of negligence are established and whether any defences would apply. You should also briefly consider what remedies they might get if their action is successful. Support your advice with references to cases and legislation. You do not need to consider the law of contract or Consumer Law.