Question

A news story from 2017 reported that Sydney woman was hospitalised after glass found in takeaway coffee. According to the report, the woman, 39 year-old Natalie Grabowski, was hospitalised with internal bleeding after swallowing glass she believes was in the ice served with her takeaway iced coffee at a popular inner-west cafe. She had bought the cold brew coffee from BrewCity Redfern on Redfern’s O’Connell St one Sunday morning earlier this month. On taking her first gulp of the iced coffee, Natalie felt something scratch her throat. According to her, it felt “hard and sharp, and just not right.” She then spat out the small pieces of ice she had not yet swallowed, and rolled them in her fingers trying to figure out what was wrong. One of the pieces wasn’t melting and cut her finger. She then realised it was actually a small piece of sharp glass. Later that morning, she felt suddenly sick. Things didn’t look right when she went to the toilet. Colleagues called an ambulance which transported Natalie to the nearest surgical hospital. After two days of “humiliating” tests and procedures, much of that time spent in discomfort and pain, Natalie was discharged without having to go under the knife. Medical reports said she had suffered rectal bleeding after ingesting the piece of glass. The distressed coffee lover said while her injuries seem to have passed, she feels like the incident will affect her forever. What elements must Natalie prove to be able to succeed in an action in negligence against the coffee shop? Identify and briefly explain each element. (3 mark) Apply each element to the facts of this case and determine whether Natalie will be successful in her negligence claim. . *** Do not answer these questions based on any principles of Australian Consumer Law. No credit will be given if you do so

Answer 1

Natalie must prove four elements to be able to succeed in an action in negligence against the coffee shop.

Duty element- Under common law, Duty means defedant owes duty of care to plaintiff. Under this element, Defedant must act as a person who is reasonable and cause no harm to another party.

Breach of duty element- Under this element, The defendant breached his duty of care owed to plaintiff. they do this by being negligent and not act as reasonable person.

Cause element- This is also called causation means when defedent breached duty of care then it caused damage or harm to plaintiff.

Damage element- Damages are actual loss/harm or injury suffered by plaintiff. Natalie needs to prove and show that she actually face damage in the court.

Application of elements to the case-

Coffee shop owed duty of care towards Natalie as customer when she got her cold coffee. Coffee shop must make sure that when they serve coffee to thier customers then it is safe to consume.

When Natalie sip the coffee, she felt something scratching her throat. The fact of the case state" According to her, it felt “hard and sharp, and just not right.” She then spat out the small pieces of ice she had not yet swallowed, and rolled them in her fingers trying to figure out what was wrong. One of the pieces wasn’t melting and cut her finger. She then realised it was actually a small piece of sharp glass. "

The presence of pieces of glass in the coffee shows that coffee shop breached their duty of care towards Natalie.

Due to drinking the cold coffee, She felt sick in the morning and transported to nearest hospital. she had suffered rectal bleeding after ingesting the piece of glass. This create basis for causation.Now, Natalie needs to show damages that she suffered actual harm by presenting test results, bills and doctor's statement to the court.

So based on meeting all elements of negligence, She will have the claim under negligence.