Mr Lee is an accountant. During his lunch break he was walking along Queen Street on his way to meet his friend, Mrs Smith. A tennis ball hit Mr Lee's face, causing his glasses to break and deeply cut the area between his left eye and nose. He was taken to hospital and later, had to have special surgery on his face to mend the cut without scarring.

Investigations found that the tennis ball came from a roof top tennis court owned, controlled and managed by City Hotel, which is located on the corner of Queen and Castle Streets. Two guests had been playing tennis and one hit the ball over the five-metre fence that surrounded the court. There had been many reports made to the City Hotel of tennis balls being hit outside the tennis court.

Mr Lee claims that the tennis court should have been enclosed with a net which is relatively cheap and easy to install. Mr Lee claims that City Hotel was negligent in allowing the accident to occur.

Discuss Mr Lee's case in terms of all the elements he needs to establish to be successful in a negligence action against City Hotel.