Question
Janus Pty Ltd owns an area where they have a car park for employees. There is a small bridge over a drain on the land
Janus Pty Ltd owns an area where they have a car park for employees. There is a small bridge over a drain on the land that employees use to walk or ride bikes to a nearby park often during their lunch break.
Jonny lives nearby and occasionally uses the bridge and car park as a short cut to his friend's place even though a sign says "private property". The management of Janus Pty Ltd know people use it occasionally as a short cut.
Jonny was riding his bike across the bridge when a loose plank caused him to fall off his bike. He suffered a head wound and concussion. He was not wearing a helmet at the time.
a)Does Janus Pty Ltd owe a duty of care to Jonny and if so why?
b)If Janus Pty Ltd does owe a duty of care have they breached their duty?What else should they have done?
c)Are there any defences to reduce Jonny's claim?
d)Are there any similar cases that assist your arguments?
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