Ria works at a Quickie Carwash. That morning she was reluctant to go into work because her young son had complained of feeling hot and dizzy and she was concerned that he might be getting sick, but she dropped her son off at daycare and went to work. When she arrived at work, her boss told her that he's received a reminder for the annual maintenance checks. He requested that she start her day by completing the required checks (something she had done for many years prior). Everything looked to be in good working order but when she replaced some of the parts she did so incorrectly, likely because she was distracted thinking about her son.

The first customer to go through the carwash that morning was Alfie. When he went into the building to pay for the carwash and obtain the required token to activate the machinery, he was advised that he would have to wait 5-10 minutes for the carwash to open. While his vehicle was in the carwash one of the parts came free from the mechanical arm (because Ria had not replaced it properly), and the machinery cracked his windshield right before his eyes. Astonished by what had just happened, Alfie got out of the car to attract the attention of someone to stop the carwash before there was anymore damage to his vehicle. Once outside the vehicle, he saw one of the other mechanical arms coming towards him so attempted to jump out of the way. This resulted in his arm being crushed between two of the metal rollers of the car wash, and it broke his right arm in two places. Since the incident, Alfie has been suffering from trauma and anxiety that have resulted in him being unable to work for the last 18 months.

Alfie contacted Quickie Carwash requesting compensation for the damage to his car and his personal injury. The manager at Quickie Carwash responded by explaining that there is a sign at the entrance to the carwash stating "By entering this Carwash, you assume all and any risks and accept that Quickie Carwash will not be liable for any personal injury, death or property loss, howsoever caused. For your own safety, do not exit your vehicle for any reason while in the carwash" in huge red letters. They offered to pay to fix the windscreen as a gesture of goodwill, but denied any liability. Alfie wants to sue for the personal injuries he has suffered, including the trauma, and the damage to the windscreen.

Using the table below, assess whether Alfie is likely to be successful in receiving financial compensation for (a) property damage (b) broken arm and (c) trauma, anxiety and loss of income from Quickie Carwash. Make sure to also provide a conclusion and answer the question at the end of the table.

Required Elements	Yes/No	Test Used	Explanation
A: Duty of care owed?
B: Breach of standard of care?
C:Causat-ion?
D: Damage?
Defences?

Conclusion:

Regardless of your answer, if ABC&D were satisfied here who would most likely be liable - Ria or Quickie Carwash? Explain your reasoning.

Answer rating: 100% (QA)

Required Elements YesNo Test Used Explanation A Duty of care owed Yes Reasonable Person Test Quickie ... View the full answer