Question
To celebrate the release of its 'Cruella' Disney jewellery range, Treasure Box hosts an evening launch party where VIP customers attend the jewellery store for
To celebrate the release of its 'Cruella' Disney jewellery range, Treasure Box hosts an evening launch party where VIP customers attend the jewellery store for wine and cheese and an exclusive viewing of the pieces. Tiffany is working that evening. She is not very happy about this because she is missing out on the school music concert of her son who is performing his first saxophone solo.
Sapphire told Tiffany to ensure that she clears away discarded wine glasses. It is also store policy that employees not make personal telephone calls while at work.There are lots of people in the store.The launch is proving to be a success.Tiffany is preoccupied with missing out on her son's performance and does not remove the discarded wine glasses.She discreetly leaves the showroom floor to call her son and find out how his solo went. When she returns to the showroom, the wine glasses have accumulated on a glass display. Simon, a customer, reaches over the wine glasses to inspect one of the jewellery pieces on display. The glasses fall and the glass display cabinet shatters. A glass shard flies into Simon's eye.Simon screams in pain. Simon is rushed to the hospital. He suffers serious trauma to his left eye and is unable to work for 6 months.
Simon contacts Sapphire at Treasure Box and says that he has large medical expenses and has lost income. Simon asks Treasure Box to pay $25,000 to cover these costs. Sapphire says that because Tiffany was negligent and did not remove the discarded wine glasses immediately, Simon was injured. Simon says that Treasure Box is liable.
Using relevant legal principles, discuss whether Tiffany was negligent and if Simon would be successful in his claim.
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