Question
This question is based on the law of TORT, I'd like assistance identifying the issue, the general elements such as 1. Duty of care 2.
This question is based on the law of TORT, I'd like assistance identifying the issue, the general elements such as 1. Duty of care 2. Breach of duty 3. Causation and 4 Damages. Please elaborate in your analysis.
You are a new associate in the law firm of Black and White. You learned the following information while sitting in on an interview with the following clients:
(A) Paula Jankie:
Paula Jankie was injured after she got pinned between two trolleys during an incident at Price Shoppers.The accident allegedly took place on 3rdMay, 2022 as Paula was leaving the Price Shoppers warehouse with her purchased items in a trolley. She was accompanied by her six-year-old daughter and a family friend. Paula contends that she was using the travellator from the upper floor to get to the car park on the ground floor.
Her trolley was securely placed on the travellator by an employee of Price Shopper and her daughter and friend stepped onto the travellator and stood behind it whilst Paula was holding onto the handle of the trolley. This was in keeping with the instructions issued to Paula by the said the employee of Price Shoppers.
She further stated that the employee then proceeded to place another trolley immediately behind her. Paula indicated that soon thereafter, as she was midway along the travellator as it descended to the ground floor, the trolley immediately behind her came rolling downwards towards her. Paula's friend observed what was happening and shouted a warning to her, however, Paula was pinned in between the runaway, which was filled with items purchased by another customer of Price Shoppers and her trolley. The said runaway trolley hit Paula on her lower back and she fell to the ground.
Paula also stated that there were no employees at the bottom of the travellator to assist her and her friend had to help in removing her from between the trolleys. The user of the runaway trolley asked Paula if she was okay and then left. Paula has since been hospitalized with severe back injury and cannot return to work.Advise Paula.
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