Pieta falls over at Sondra's business premises, breaking her wrist and smashing her mobile phone. The reason she fell was because she tripped over a mop and bucket that had been left in front of the lifts, near reception, when Pieta exited the lifts on her way to reception. At the time of the incident, Pieta was typing a text message on her mobile phone and was not keeping a proper lookout. Which of the following statements is CORRECT? a. It is not reasonably foreseeable that someone could break their wrist or smash their phone by tripping on a bucket, so damages will not be awarded. All of the harm suffered is too remote. b. The cause of Pieta falling was her not looking where she was going. As there is no causation between her injury and her property damage and any negligence of Sondra, Pieta will not succeed in any claim for damages. c. Sondra does not owe Pieta a duty of care. An owner or occupier of premises is not in a relationship of proximity with those who lawfully visit the premises. d. It is likely Sondra is in breach of her duty of care towards Pieta. However, Pieta may have her recoverable damages reduced as a result of the contributory negligence defence. By typing on her mobile phone and failing to keep a proper lookout, Pieta's own negligence has contributed, in part, to her injuries and losses.
Question
Pieta falls over at Sondra's business premises, breaking her wrist and smashing her mobile phone. The reason she fell was because she tripped over a mop and bucket that had been left in front of the lifts, near reception, when Pieta exited the lifts on her way to reception. At the time of the incident, Pieta was typing a text message on her mobile phone and was not keeping a proper lookout.
Which of the following statements is CORRECT?
a. It is not reasonably foreseeable that someone could break their wrist or smash their phone by tripping on a bucket, so damages will not be awarded. All of the harm suffered is too remote.
b. The cause of Pieta falling was her not looking where she was going. As there is no causation between her injury and her property damage and any negligence of Sondra, Pieta will not succeed in any claim for damages.
c. Sondra does not owe Pieta a duty of care. An owner or occupier of premises is not in a relationship of proximity with those who lawfully visit the premises.
d. It is likely Sondra is in breach of her duty of care towards Pieta. However, Pieta may have her recoverable damages reduced as a result of the contributory negligence defence. By typing on her mobile phone and failing to keep a proper lookout, Pieta's own negligence has contributed, in part, to her injuries and losses.
Solution
The correct answer is:
d. It is likely Sondra is in breach of her duty of care towards Pieta. However, Pieta may have her recoverable damages reduced as a result of the contributory negligence defence. By typing on her mobile phone and failing to keep a proper lookout, Pieta's own negligence has contributed, in part, to her injuries and losses.
This statement is correct because Sondra, as the owner of the premises, has a duty of care to ensure the safety of those who visit. Leaving a mop and bucket in a high-traffic area could be seen as a breach of this duty. However, Pieta was also negligent in not paying attention to where she was going. This could lead to a reduction in the damages she is awarded due to contributory negligence.
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