Reference no: EM133903950
Question
Robert is 35 years old. He is employed at the packaging warehouse of PrimePak Pty Ltd, a successful online retailer. Robert injured his back in 2022 when lifting a heavy box to load onto a delivery truck for dispatch.
He had to go through spinal surgery and was off work recuperating for nine months. He was fully compensated for his injury and returned to work in 2023. PrimePak was aware of the injury and the operation.
Towards the end of 2023, Robert complained that his back was getting sore again. He was instructed by PrimePak not to lift heavy things and to be careful. PrimePak provided a hydraulic lifting machine to assist him in his job. After a few weeks, Robert stopped using the machine because he thought it slowed him down. He continued to lift and load the boxes by himself.
In March 2024, online sales drastically increased, and Robert had significantly more boxes to lift and load onto delivery trucks. He injured his back again and once again had to go through surgery. The nature of his back injury has left him unable to lift anything heavy, and he is now unable to work again in the packaging industry.
1. With reference to relevant legal principles, use the IRAC legal problem-solving approach to advise Robert as to whether he would be successful in negligence against PrimePak. Please explain fully, using relevant legal authority.
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: Use the IRAC legal problem-solving approach to advise Robert as to whether he would be successful in negligence against PrimePak.
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