Question
Vincent owns a fruit shop in a shopping centre and has his staff look at the floor twice a day to make sure there is
Vincent owns a fruit shop in a shopping centre and has his staff look at the floor twice a day to make sure there is no spillage or material on the floor that a customer might slip/trip on.
After a rainstorm a leak developed in the roof and started dripping occasionally. Vincent was too busy to ring a roof repairer to fix the leak.
Judy came to the shop to buy some fruit but forgot to wear her glasses. As she walked around the shop, she did not see a mango that had rolled off the shelf some ten minutes earlier. She fell near the mango and broke her ankle and said to the staff
"I forgot my glasses and did not see the mango"
The staff also saw some water near the mango that had dripped from the leak in the roof. It was not clear whether that may have contributed to Judy's fall.
Please advise Vincent;
1)Does Vincent owe Judy a duty of care? Please explain the legal principles.
2)Advise Vincent whether Judy may be successful suing Vincent for negligence.
Fully explain your answer includinglegal principles established in similar cases.
3)Explain what further measures a court may find Vincent should or could have taken
to reduce the risk of injuries to customers
4)What evidentiary difficulties would arise for Judy in proving her case?
5)Are there any defences for Vincent to argue that may reduce Judy's claim?
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