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Pimington House is a private museum in Sydney. Pimington Pty Ltd charges people a $10 entry fee to enter the grounds. Once inside entrants can

Pimington House is a private museum in Sydney. Pimington Pty Ltd charges people a $10 entry fee to enter the grounds. Once inside entrants can enjoy looking at the displays in the museum as well as walking in the surrounding gardens, and dining in the restaurant, which is rented out by Michelo De Angeltino, a talented Italian chef.

At the end of last year, Maria, a 10-year-old visitor to the museum, fell out of a window of the museum opposite the restaurant. Her fall was the result of the museum not repairing a rotten window frame, due to budget cuts to the property maintenance regime. As a result, Maria suffered significant injuries to her spine. The staff at the museum rushed to her outside of the building and called an ambulance. It has been noted by Pimington Pty Ltd, that in moving her, one of the paramedics was distracted by a large bird, and didn't strap her onto the bed properly, which likely exacerbated her injuries.

After multiple news stories recounted the event which included pictures of a small injured girl lying at the bottom of the museum building opposite the restaurant, the number of people attending Pimington House significantly dropped. This impacted Michelo's business. There were few customers over summer, and those who did come often left the restaurant because the restaurant windows look out over where the little girl had fallen. Michelo could not generate enough money to keep the restaurant open. He has consequently not only lost his livelihood (his means of income) but also his home as he could not meet the mortgage repayments.

Advise the parties (Maria and Michelo De Angeltino) regarding any cause of action in negligence they may have. (Only discuss Duty, Breach, Causation, and Defences. DO NOT discuss damages)

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