Question
Muhummad left school at the age of eighteen in 2017 and immediately secured employment with Blooms Botanical Gardens ('Blooms') located 130km West of Sydney. Muhummad
Muhummad left school at the age of eighteen in 2017 and immediately secured employment with Blooms Botanical Gardens ('Blooms') located 130km West of Sydney. Muhummad works at Blooms six (6) days per week eight (8) hours per day. A major part of Muhummad's role with Blooms is to spray herbicide on a daily basis within the Gardens in areas requiring chemical treatment. When Muhummad began work with Blooms, he was put through an induction program that included the safe handling of chemicals. He was also issued with an approved full faced mask to wear while spraying the pesticide. Muhummad wore the mask for the first twelve (12) months however soon after dicarded the mask. Muhummad found the mask had a claustraphobic effect and remained incredibly uncomfortable to wear while spraying during the summer months. Muhummad is quoted as saying to another employee, "I don't care what they say, I will not wear this mask," Muhummad's employer had heard from other staff that Muhummad had stopped using his mask but thought that nobody would be so stupid to do such a thing given the toxicity of the chemical being used.
In 2019, Muhummad is affected by severe chest pains. Medical tests show that he has developed respiratory cancer. Muhummad's treating doctors strongly suspect that the cancer has been caused by years of direct exposure to the chemicals used at Blooms. The doctors do their best to treatMuhummad's cancer but the diagnosis is that he will die within five (5) years. Muhummad wants to sue Blooms.
Advise Muhummad whether or not he is likely to be successful in a claim of negligence against Blooms
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