Question
QUESTION ONE Kevin, who is aged 34, was employed on Jenny's farm as a labourer. In 2014 he suffered an injury to his back when
QUESTION ONE Kevin, who is aged 34, was employed on Jenny's farm as a labourer. In 2014 he suffered an injury to his back when lifting heavy bags of potatoes. He underwent spinal surgery and was off work for nearly 12 months. Kevin received compensation for this injury. Kevin returned to work on the farm in 2015. Jenny knew of the injury and the operation. In 2016, Kevin began to complain that his back was getting sore again, and Jenny told him not to lift heavy things and to be careful. She provided a small lifting machine to assist him to carry out his job. However Kevin thought the machine was too slow so he continued to lift the bags by himself. Early in 2017, while Kevin was lifting bags of potatoes onto a trailer, his back was again injured, and he had to undergo more surgery. This time the injury was too great, and he will not be able to endure anymore labouring work for the rest of his life. REQUIRED Advise Kevin as to whether he would be successful in negligence against Jenny. Please explain fully, using relevant legal authority. (20 marks)
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