Question: Sofia works in a warehouse, and has just earned her forklift driving license. Her boss Russell ( who owns and manages the business ) is
Sofia works in a warehouse, and has just earned her forklift driving license. Her boss Russell who owns and manages the business is glad to have another qualified forklift operator in the team. He instructs Sofia to use a forklift to move a container from a corner of the warehouse, to the warehouse entrance. He then goes to attend to a customer in the office.Sofia gets into the forklift, drives to the corner of the warehouse, and slowly lifts the container. While she is bringing the container to the front entrance she sees a couple of her workmates. She wants to impress them with her forklift driving skills, so she speeds up unnecessarily. As a result, she accidentally collides with a tall row of shelves.As the shelves topple over, a package falls on Jane, knocking her to the floor and breaking her collar bone. Jane is Russells wife and had come to drop off some lunch for him. Jane had let herself into the warehouse through the back door, and had been wandering through the warehouse looking for Russell.Jane had earphones on and was listening to music at the time that the forklift hit the shelves, so she did not hear the collision, and did not look up in time to see and avoid the falling package Is Sofia liable in negligence to Jane? Consider each element and any defences Is Russell or his company vicariously liable for the damage caused by Sofia?
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