In a small town in northern Queensland, there were problems with teens being bored and getting into trouble. The town council decided to set up a teen drop-in centre on the main downtown street beside a medium-sized apartment building. The board filled the centre with pool tables and video game systems. A large sign at the entrance to the centre said, "No Rough Play, No Yelling and No Running".

The centre opened in the fall of 2013 and was very popular with teens. The centre was staffed by volunteers from the community, and on January 14, 2014, gas station owner Tim Jones was on staff at the centre. Some teens were yelling, and Jones told them to please be quiet. Residents from the apartment building next door had been complaining about yelling from the centre, and there was a note from the council telling staff to keep all noise to a minimum. However, the teens kept loudly cheering the video game players, and Jones tried to think of a way to solve the problem. There were pieces of a broken fence outside the centre, and Jones figured they might provide some insulation to lessen the noise. Jones brought the works of the bar inside the centre and nailed them against a wall near the video game systems.

The next day, Sarah Seeker, an architect, was on staff at the centre. Some teens, including Barry Young, were playing a game of tag inside the centre. As he tried to avoid being tagged, Young slammed into the wall, which had the fence pieces on it. One of those pieces fell off the wall and landed on Young's left leg. Young's leg was trapped underneath, and he called for help. Seeker was trying to figure out what to do and tried to think of a plan. A couple of minutes later, Seeker pulled as hard as he could on Young's left leg and freed it from under the fence.

Young was transported immediately to the hospital. There was so much damage to Young's left leg from the incident at the centre that he now walks with a limp. Dr Draven, who treated Young, concluded that the injury to the portion resulted from how long the fence was on Young's leg, and the yanking on the leg may have also been a factor in the damage.

Discuss all relevant legal issues regarding: (Use IRAC method)

• Who owed whom a duty of care? (Tort of negligence, Vicarious liability)
• Where the duty exists, please discuss whether there is a breach of that duty of care.
• Where there is a breach of the duty of care, please discuss the defence (s), if any, that a party may raise.

Do not discuss harm (causation & remoteness)