This is a scenario from Business Law that needs certain questions answered in an IRAC format.

TASK SCENARIO

Shiraz Cabernet was a guest of a winery club event held at The Mooloolaba Blast last February. As she was leaving the venue to return home she lost her footing and fell, causing severe injury to her knee.

The Mooloolaba Blast is a business operated by Mooloolaba Conventions Pty Ltd. The venue is an old boathouse dating back to 1960. It is a one level building with a wide verandah across the front. To modernise the boathouse a set of reconstructed concrete stairs was built six years ago which leads to the entrance. The original brown and orange retro tiles still remain, lining the entire verandah surface.

The accident occurred on 27 February 2021. The day was drizzly, and Shiraz tells you that the rain became heavier as the day progressed. The event commenced at 6pm. Shiraz noticed on arrival that the tiles on the verandah were wet. She remembered she was wearing comfortable, medium-heeled shoes, which had rubber soles.

An hour after arriving, Shiraz went outside for some fresh air and slipped slightly on the wet tiles at the entrance but did not fall. The event finished at midnight. The guests went to the foyer to leave the venue. Shiraz had by then consumed 'at least' three glasses of wine over six hours. As she went out onto the tiles on the verandah, she slipped and fell on her knee. Shiraz states that on falling she felt instant pain and throbbing in her knee and could only stand up with the aid of several guests.

Shiraz tells you that she knew that the tiles were 'wet and greasy'. She agrees that tiles are normally more slippery when wet, and that she was possibly a little unbalanced because of the wine she had drunk. She tells you that there did not appear to be any foreign substances on the tiles.

You have obtained evidence regarding the general appearance and standard of cleanliness of the tiled verandah, as well as its slip resistance. Other guests report that the verandah appeared to be clean and that no one else fell on the tiles.

Staff employed at the boathouse have reported that the tiles are very slippery when wet because they are old and worn, and that care needs to be taken when walking on them.

Shiraz has received a letter from Mooloolaba Conventions Pty Ltd stating that in their opinion the tiles present only a marginal slip hazard but not a hazard to pedestrians taking reasonable care. The letter also states that during the six years that the business has been operating there has been no other falls on the tiles reported.

The Uber driver who dropped Shiraz at the venue, tells you that he remembered water dripping from the roof of the verandah as looked up at the venue at about 6pm. One of the guests, Chardonnay, remembers that there was a pool of water near the entrance and under the boathouse verandah roof, which she had to avoid when leaving at midnight.

You have been told by a staff member from the boathouse that a hole in the verandah roof was reported to the owners in January after heavy rains and that the problem has not been addressed. Staff have also told you that no maintenance has been done on the building for years (except for the reconstructed concrete stairs) because the owners are 'tight with their money'.

You have no meteorological evidence at hand, but other guests remember light rain early and a very heavy rain beating on the roof later in the night.

The medical report from Shiraz's psychologist is that Shiraz is suffering from chronic pain syndrome with major depression, caused by her fall. Her medical consultant agrees that her pain is genuine, and that she has limited knee movement, but could improve with further treatment.

Shiraz wants to sue Mooloolaba Conventions Pty Ltd in Negligence. She comes to you for advice. Advise her as to the likely success of her claim.

Answer the following:

Did Mooloolaba Conventions Pty Ltd owe Shiraz a legally recognisable duty of care at the time of the incident?