Negligence Total 15 marks Elsa, 26 years of age, was employed as a rigger for Frozen Ply Ltd. While she operated one cra

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Negligence Total 15 Marks Elsa 26 Years Of Age Was Employed As A Rigger For Frozen Ply Ltd While She Operated One Cra 1 (133.76 KiB) Viewed 49 times

Negligence Total 15 Marks Elsa 26 Years Of Age Was Employed As A Rigger For Frozen Ply Ltd While She Operated One Cra 2 (133.76 KiB) Viewed 49 times

Negligence Total 15 marks Elsa, 26 years of age, was employed as a rigger for Frozen Ply Ltd. While she operated one crane at work, she was struck in the face by a heavy steel chain which slipped out from a machine operated by another crane worker. The blow to her face rendered her unconscious for several minutes. The blow also broke bones in her nose and cheeks. She spent 12 days in hospital, including having cranial surgery to insert plates. From the surgery, she has scarring over her head mostly behind her hairline. She has been left virtually blind in her left eye. She has lost sensation on the left side of her forehead and cheek. She lost her sense of smell and, because of that, most of her sense of taste. She has some degree of memory impairment and some mood effects. After four months, she had recovered sufficiently to return to her work as a rigger, on light duties. A month later, she was back to working full hours and after another month, she was doing her full pre-injury duties. Nevertheless, she no longer felt comfortable performing those duties and, in any event, was offered new employment in a field she had been pursuing for some years, working as a construction supervisor in a large building company. She took up that employment in November 2015, earning a higher salary than she earned in her previous employment as a rigger. However, Elsa found that although she really enjoyed the new job, her health problems from the original accident at Frozen Pty Ltd worsened while at her new job which meant that she had to leave. Elsa now wants to sue Frozen Pty Ltd in negligence for injuries sustained from her original workplace injuries. Task: Advise whether Elsa may be successful in a claim for compensation through the Common Law of Negligence. Discuss the relevance of vicarious liability and any defences which may be raised by Frozen Pty Ltd as part of your response. Use case references to support your answer.