Nice, a young girl of 19 years of old, has received an injury in her left leg last Sunday while playing football. Her injury was not so serious, however, she temporarily needed the aid of crutches to walk. Nice went to her nearest Supermarket in Wollongong for buying some groceries. While she was entering the Supermarket, the tip of her left crutch came into contact with a small piece of banana skin (banana peel) lying on the floor of its main entry. As a result, her left crutch slipped and she fell over which transformed her previous minor wound to a serious injury in her left leg. She is now unable to walk even with the help of crutches. Nice wants to sue the Supermarket for negligence based on the argument that it had the responsibility to keep the entry passage safe and clean.

Your task: Advise Nice whether she has a strong case to claim damages in negligence against the Supermarket. In your advice, discuss the elements of tort of negligence including defences, apply the elements to the facts provided and advise on whether Nice should sue the Supermarket in negligence with an indication of the likelihood of her success. You must follow ILAC in your advice and give reasons for your answer referring to legislation and/or cases, as relevant, to support your arguments.