Apply the elements of negligence to the following case study. Advise Mei Ling whether she will be likely to succeed in a negligence action and what remedies may be available. In your answer discuss whether CARSTORE Pty Ltd has any defence/s to the claim.
Please note that you MUST:
1. Reference legal rules used in your answer with relevant cases.
2. Follow the IRAC structure in your response.
3. Adhere to a maximum 1000 words (print the word count at the end of your assignment).
Case Study
CARSTORE Pty Ltd operates a high rise car park in the Melbourne CBD. The automated boom gates at the entrance to the car park were undergoing routine maintenance. Workers had placed yellow witches around the boom and had erected a sign saying "Pedestrians please use opposite walkway Boom under repair'.
Mei Ling had just parked her car and was going shopping at Myers. The workman had taken a break and did not notice that Mei Ling was taking a short cut to Myers right through the work area. As she walked under the open boom the electronic sensor activated bringing the boom gate down heavily on her head.
The workers rushed to her assistance and immediately called an ambulance. Mei Ling was taken to hospital where she underwent surgery for a fractured collar bone. She spent three weeks in hospital. During her stay she was required to take regular doses of very strong pain killers.
CARSTORE investigated why the boom had been triggered. It was discovered that the heavy chain metal belt worn by Vanessa was enough to trigger the sensor which activated the gate. This sensor had not been disabled.
Unfortunately Mei Ling suffered a drug addiction after her stay in hospital. As her doctor was no longer prescribing the drugs she has suffered severe withdrawal and has been required to enter drug rehabilitation at the cost of $1000 per week.
Mei Ling now seeks to sue CARSTORE Pty Ltd for $10,000 in medical and surgical expenses. She also seeks an additional $40,000 as a result of her drug addiction.
1000 words
6 references