PROBLEM QIJ ESHDN Big Muscle Gyms Pty Ltd [EMS] is a gym in Kensington, NEW. The gym has a weights room which includes a training area, a stretching area, weights machines, free weights area, squat racks, and dumbbell and barbell weights. The gym also has a cardio room that includes treadmills, bikes, elliptical trainers, and rowers. While the gym is open, there are usually six staff members on site: a staff member at the entrance who greets members, two staff members that supervise the exercise rooms, a personal trainer, a staff member that cleans and tidies the facilities, and a manager. Many of BMG's members come before work hours and attend the gym between E.amQ.Dam on Monday to Friday. EMG has had an ongoing issue with members who train during this time not putting their weights back on the weight racks when they are done with them. it is common for one person to use a set of weights and then leave the weights on the oor for the next person to use. BMG's staff members that supervise the exercise rooms and clean and tidy the facilities are instmcted to put weights back on the racks if they ever see them left on the floor and to remind members to put their weights back when they're done. In addition, the staff members are reminded IIEh nroming to ensure that the weights room is tidied up as soon as the moming rush is over. To encourage members to put their weights back, BMG has put signs around the gym which state: \"Piease return yourr weights to the racks when yet: are done with them. Thank you foryeurassistance.' BMG also has safety signs throughout the gym which state: \"ifyeu need any assistance moving weights, please contact a member ofour staff andI they will move the weights for you. DO NOT attempt to move any weights which you are not abte to lift yoursett. Stay safe.\" Michael Tam was a member of BMG at regularly trained at the gym. Michael was 30 and was t as he would either go running or do exercises at the gym at least four times a week. Michael was training at BMG at 9.15am on a Tuesday. In order to do a certain exercise, Michael needed to move a :3ng weight that was laying on the ground and in his way. This weight had been left on the ground by another member during the morning msh. Michael snuggled to pick up the weight as it was laying awkwardly on the ground and was very heavy. As Michael picked up the weight and carried it to the rack, he felta severe pain in his lower back. At the time Michael was injured, two of BMG's staff were in the weights room putting away, and tidying up weights and equipment that other members had left on the floor. However, they had only started tidying up the weights room at 9.1 [lam after the moming rush had ended. Initially Michael thought that he had simply strained his back, so he continued to complete his exercises. However, over the ensuing weeks, Michael realised that the injury was of a greater extent than he initially thought. After a visit to a doctor, and then to a back specialist, Michael learnt that he had a disc protrusion that required multiple surgical treatments. Advise BMG whether it may be liable in negligence to Michael Tam. in your answer, ensure that you consider duty of care, breach of duty, causation, scope of liability, and defences