Question
I have been given a scenario, i am to write separate paragraphs for both Sharon and Fiona. I am to write paragraph on both breach
I have been given a scenario, i am to write separate paragraphs for both Sharon and Fiona. I am to write paragraph on both breach and causation for both the two females. In Causation i am to include relevant consideration and specific conduct. However I am struggling to know what to write for these two paragraphs. I m also struggling with the what the scope is for both the women. The relationship between bob and Fiona is one of an Employer (bob) and (Fiona) employee. The relationship between Bob and Sharon is Occupier (bob) and Entrant Sharon. the scenario is below:
On 20 September 2020, Fiona, a musician just turned 16, was performing at the Fighting Rocker Pub with her band 'Moth to the Flame'. The band was very familiar with Fighting Rocker Pub as they had regularly attended there to watch their favourite local artists perform. Just recently they were lucky enough to score a monthly gig at the venue.
Although they had never actually performed at the venue before 20 September 2020, Fiona and her band were familiar with technical problems with the sound system the venue used for their audio. The sound system was not very old but for the past 6 months bands had experienced issue with electric shocks whilst on stage. They had heard rumour of the singer of a band once suffering prolonged effects of having an electric shock). Fiona was aware that bands had complained in the past but she was not aware of just how bad it was getting in recent times.
Fiona and her band were expecting about 20 of their friends to attend on top of the usual pubgoers, so that the total crowd was in the order of 80 people. Although a decent number of attendees for the band's first performance, the venue thought it was a small crowd and so Bob Fuller, the pub owner, reduced the number of staff on site, including one less security guard.
Fiona felt some severe reservations but given the difficulty of obtaining residencies for live music since COVID-19, she felt it was necessary to go ahead.
That night, the public acted entirely opposite to Bob's prediction. It was a busy night, perhaps due to the recent lifts in restrictions for COVID. The result was that people continued to stream into the pub all through the band's first set. At one stage, a couple of drunken patrons climbed upon on stage and started jumping about. A couple of sparks were flying out of the speakers behind the drummer and next the guitarist and bass player. There were no staff around to restrain the drunken patrons, and they only stopped when the band's bass player, Simon, bribed them with a beer. Following the incident, the band noticed frequent electric sparks coming from all the speakers of the sound system.
During the interval, Simon approached Bob with their concerns about the electric shocks. Bob said this had happened in the past and it was fine. Truth is, Bob was not paying attention to Simon's concerns because he was overwhelmed (but very excited) by the numbers of patrons rushing through the doors.
Given the success of the night and Bob's reassurance, the band felt they had no alternative but to keep playing.
By the start of the second set there were nearly 180 patrons packed into the pub (which was licenced for 130). Bob had begun to panic as he could not manage the crowd. The band managed to squeeze through to the stage, and started playing. The atmosphere was electric, with everyone dancing shoulder to shoulder in the packed beer garden. Fiona felt like she had a moving wall of people in front of her.
Half way through the set, two patrons who were acting quite rowdy tripped into one of the speakers on stage. The band heard an ominous noise and without further warning the speakers caught alight. While the rest of the band dived to safety, the large speaker nearest Fiona fell on her and she caught alight.
Panic rippled through the crowd, which started fleeing through the exits. Sharon, a promising footballer, fell in the rush to flee. She tried to drag herself to the side of the garden, but the stampeding crowd crushed her legs as they fled and the fire from the stage made its way to Sharon, covering her legs.
In a state of panic Bob called 000 and tried to attend to Fiona and Sharon. Sharon was pulled from the fire by Bob and his bar tender Freddy. Eventually the fire department was able to rescue Fiona from the flames. Fiona and Sharon were rushed to the RAH in ambulances.
It is now six months later. Sharon's legs suffered multiple breaks and other injuries, and has been wheelchair bound since the incident. Luckily he burns were superficial. She has become quite depressed. She hopes to be able to walk again eventually, but is worried that she will no longer be able to play sport.
Unfortunately for Fiona, she suffered severe burns to her body and face as well as a broken collar bone. Fiona is still in hospital being treated for her burns.
Both Fiona and Sharon have approached to obtain legal advice as to the potential success of any negligence claim they can bring. Please advise Fiona and, separately, Sharon about any potential negligence claim.
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