Question 3 - Negligence

Saturdays are usually very busy for skateboard retailer, Galaxy.Customers commonly remove skateboards from the displays and try them out.On one particularly busy Saturday, Mason is working in the showroom together with his employee, Ziggy. Mason is very busy dealing with a team of skateboarders and is getting frustrated with Ziggy because she hasn't cleared the showroom floor of the skateboards and the showroom is looking untidy.It is Galaxy policy that all skateboards must be put away immediately.

Eventually, Ziggy begins clearing the showroom floor, replacing the skateboards on their displays.While doing this, Ziggy is distracted by a courier delivery.One of the skateboards remains on the showroom floor.Jasmine comes in to the store looking for a skateboard to take part in an upcoming skateboarding decathlon event.She trips on the discarded skateboard, skids on the showroom floor and falls through the glass front window.Jasmine is rushed by ambulance to hospital suffering broken legs and a twisted arm.She cannot take part in the skateboarding decathlon and is not able to work for 8 weeks.

Jasmine contacts Mason asking Galaxy to pay $8,000 to cover her medical expenses and loss of income. Mason says that because Ziggy was negligent and did not clear the showroom floor, Jasmine fell and was injured. Jasmine says that Galaxy is liable.

Using relevant legal principles, discuss whether Ziggy was negligent and if Jasmine would be successful in her claim.