STANDARD OF CARE AND BREACH

Consider the issues relating to the STANDARD OF CARE AND BREACH raised by these facts. You should ignore any health and safety issues the owner would be liable for and you CAN ASSUME A DUTY OF CARE WAS OWED.
Rita, who works in a potato chip processing factory, slipped on the floor and sustained a nasty cut to her

knee.
The fall was due to oil, which has leaked from one of the deep fat fryers. The owners knew that the fryer

had a leak but the factory mechanic was unable to find the source of the leak without shutting down the

processor.
The owners of the factory could not afford to do this as they had a large order, which had to be ready by

the end of the week.
Rita was taken to the accident and emergency department at her local hospital. The junior doctor

attending Rita was particularly stressed that day due to the increased workload as a result of staff shortages. He cleaned and stitched Rita’s cut and gave her a penicillin injection without enquiring whether she was allergic to it.

Rita, if asked, would have told him that she was, in fact, allergic to penicillin and as a result she had a severe reaction, which has caused permanent kidney damage.
Indicates that no fault can be found with the work other than very minor errors, for example

typographical, or perhaps failure to satisfy the most challenging and exacting demands of the assessment

Sample Solution

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