Question 1

Andy goes shopping at a hardware shop, Sparkie Store, for some electrical tape and an electric drill.As he is reaching for a drill, a forklift truck - driven by Lulu - comes quickly around the corner and hits Andy.Lulu is driving the forklift too fast.The Store's policy, which Lulu knows, is that forklifts must be driven slowly at all times in the customer area of the shop to prevent accidents.

Andy's back is hurt in the accident and he has $2,000 in medical expenses. Andyis a soccer player, and plays Futsal. His bad back also means that he misses the final in a soccer Futsal game the next day where the top prize for the team is $10,000 for a team holiday to Port Macquarie.

Andyseeks your advice on the legal issues.

DoesAndy have a case againstLulu and / orSparkie Store in negligence?If so, explain why.

What is the amount of damagesAndy is entitled to claim?Why?

Would it have made a difference ifAndy had not been in the customer area of the shop when he was struck by the forklift truck, but had instead walked into an area designated "No entry, employees only", and had been looking down at his phone reading Instagram when he was struck by the forklift? Why?