Question

A news story from 2017 reported that Sydney woman was hospitalised after glass found in takeaway coffee. According to the report, the woman, 39year-old Natalie Grabowski, was hospitalised with internal bleeding after swallowing glass she believes was in the ice served with her takeaway iced coffee at a popular inner-west cafe. She had bought the cold brew coffee from BrewCity Redfern on Redfern’s O’Connell St one Sunday morning earlier this month. On taking her first gulp of the iced coffee, Natalie felt something scratch her throat. According to her, it felt “hard and sharp, and just not right.” She then spat out the small pieces of ice she had not yet swallowed, and rolled them in her fingers trying to figure out what was wrong. One of the pieces wasn’t melting and cut her finger. She then realised it was actually a small piece of sharp glass. Later that morning, she felt suddenly sick. Things didn’t look right when she went to the toilet. Colleagues called an ambulance which transported Natalie to the nearest surgical hospital. After two days of “humiliating” tests and procedures, much of that time spent in discomfort and pain, Natalie was discharged without having to go under the knife. Medical reports said she had suffered rectal bleeding after ingesting the piece of glass. The distressed coffee lover said while her injuries seem to have passed, she feels like the incident will affect her forever.

Required:
a) What elements must Natalie prove to be able to succeed in an action in negligence against the coffee shop? Identify and briefly explain each element.
b) Apply each element to the facts of this case and determine whether Natalie will be successful in her negligence claim. Do not answer these questions based on any principles of Australian Consumer Law. No credit will be given if you do so.

Answer 1

Natalie should prove four components to be ready to reach Associate in Nursing action in negligence against the restaurant.

Duty element- below common law, Duty suggests that defedant owes duty of care to litigator. below this component, Defedant should act as an individual WHO is affordable and cause no damage to a different party.

Breach of duty component- below this element, The litigator broken his duty of care owed to litigator. they are doing this by being negligent and not act as affordable person.

Cause element- this is often additionally referred to as effort suggests that once defedent broken duty of care then it caused harm or damage to litigator.

Damage element- harms area unit actual loss/harm or injury suffered by litigator. Natalie has to prove and show that she truly face harm within the court.

Application of components to the case-

Coffee shop owed duty of care towards Natalie as client once she got her cold occasional. restaurant should make certain that once they serve occasional to thier customers then it's safe to consume.

When Natalie sip the occasional, she felt one thing scratching her throat. the very fact of the case state" in keeping with her, it felt “hard and sharp, and simply not right.” She then spat out the little items of ice she had not nonetheless enveloped, and rolled them in her fingers attempting to work out what was wrong. one among the items wasn’t melting and cut her finger. She then complete it had been truly atiny low piece of sharp glass. "

The presence of items of enclose the occasional shows that restaurant broken their duty of care towards Natalie.

Due to drinking the cold occasional, She felt sick within the morning and transported to nearest hospital. she had suffered body part injury once ingesting the piece of glass. This produce basis for effort.Now, Natalie has to show damages that she suffered actual damage by presenting check results, bills and doctor's statement to the court.

So supported meeting all components of negligence, she's going to have the claim below negligence.

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