Question
Sentinel Child Care is an early learning child care centre in metropolitan Adelaide owned and operated by Julie. Julie has one employee, Kiera, To celebrate
Sentinel Child Care is an early learning child care centre in metropolitan Adelaide owned and operated by Julie. Julie has one employee, Kiera, To celebrate national book week, Sentinel hosts an excursion for its 15 students to attend a musical performance of the widely acclaimed children book 'The Dancing Kite! Julie tells Kiera to make arrangements for the excursion, including purchasing of tickets to the event and providing refreshments for the children. On the day of the excursion, Julie tells Kiera to ensure uninterrupted supervision of the children at all times. It is also Sentinel policy that employees conduct regular head counts to ensure that all children are present and accounted for both on site and during any off-site excursions. The excursion takes place on a hot February day. Kiera and the children travel to the performance by the Sentinel childcare mini bus. The children are captivated by the story telling, the music and dancing of the performance and happily return to the bus for the journey back to the child care centre. Upon arrival, the children get off the bus. Kiera does not carry out the requisite head count, being absorbed on her mobile phone with Fringe Festival events busily organising her social calendar. Unbeknown to Kiera, only 14 children get off the bus. The bus was parked outside the child care centre. At home time, parents arrive to collect their children. A parent, Kingsley, approaches Kiera and questions the whereabouts of his child, 3-year-old Takara. Kiera realizes that she has not seen Takara since returning from the excursion and frantically searches the centre. Takara is eventually found unconscious on the childcare bus, having been left unattended for 5 hours in hot temperatures. Takara had fallen asleep in the back seat of the bus returning from the excursion. Takara is rushed to hospital. She is placed in intensive care requiring breathing assistance for 2 weeks and suffers ongoing breathing difficulties and is still undergoina rehabilitation 6 months after the event.Kingsley contacts Julie at Sentinel and says that he has incurred large medical expenses in Takara's treatment and rehabilitation. Kingsley asks Sentinel to pay $50,000 to cover these costs. Julie says that because Kiera was negligent and did not adequately supervise and conduct the requisite head count, Takara was injured. Kingsley says that Sentinel is liable. Using relevant legal principles, discuss whether Kiera was negligent and if Kingsley would be successful in his claim.
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