Anna works as a waiter in a restaurant at a country club. One afternoon, she was taking dirty dishes from the restaurant to the kitchen. As she was walking down the stairs, carrying the dishes on a tray, she slipped and fell which causes her to sustain serious back injury. The restaurant had employee policies which required its employees to transport dirty dishes via a cart and take the elevator instead of the stairs.
After investigation by the Labour Department, it was found that the restaurant’s stairs (i.e. where Anna slipped) was poorly maintained and was cracked and chipped. Furthermore, at the time of the accident, there was no anti-slip mat on the stairs.
1. Whether Anna has a cause of action against her employer, the restaurant.
2. Whether the restaurant breached its occupier’s liability.
3. Whether Anna was contributorily negligent.
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