Question
Krishani and her went to have dinner at the Sizzle Bar, an open-kitchen family restaurant. Krishani ordered a fish sizzle, one of the restaurant's most
Krishani and her went to have dinner at the Sizzle Bar, an open-kitchen family restaurant. Krishani ordered a fish sizzle, one of the restaurant's most popular dishes. This dish is served in a heat-resistant bowl and placed on a wooden tray as this is a dish cooked and served at a very high heat. Krishani is a regular customer at Sizzle Bar. However, this is the first time she has ordered this particular dish. In her excitement to try the food, Krishani put her hand over the wooden tray on which the bowl was placed. Her hand came into contact with the extremely hot steam from the dish and suffered severe burns to 80 per cent of her hand. Krishani screamed in pain when her hand came into contact with the scalding steam, and Lami witnessed the incident first-hand as he was seated at the next table. Lami smelled burning flesh and was terrified at the time of the incident. She subsequently experienced continuous flashbacks and nightmares. As a result, she stopped going to her daily yoga classes and isolated herself from others. She was then diagnosed with Post Traumatic Stress Disorder and put on medication. There have been a number of incidents involving extremely hot food at Sizzle Bar in the past, and precautions as to heat-resistant bowls and wooden trays were introduced to avoid such incidents. However, there was no record of an incident like this happening in the past at Sizzle Bar.
Answer the following questions.
- Identify the nature of the harm suffered by Krishani and Lami in this scenario. (4 marks)
- Does Sizzle Bar owe a duty of care to Krishani and/or Lami? Explain your answer by making reference to relevant case law. (6 marks)
- Does Sizzle Barbreach its duty to Krishani? Explain your answer with reference to relevant case law and statutory provisions. ? (5 marks)
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