Question:
Extravaganza Inc own and run a large performance arena used for a variety of activities ranging from rock concerts to antiques fairs. Events at this venue attract many thousands of visitors, and security can be a serious issue. Ordinarily, visitors to an event must pass through a gateway linked to a computerised analysis system, which would indicate the presence of potential weapons.
The computer is now rather old and has been poorly maintained. Roughly once a month the computer system fails. Because the failure occurs without warning it would be difficult to arrange for extra security personnel to search visitors by ‘frisking’ them. Hand-held detectors could be provided to existing security workers, but these would be expensive and Events Inc consider the cost would not be justified given they would not be needed for the most of the time.
Petra is among those seriously injured when, on one of the days the system has failed, Jason, another concert-goer, after drinking heavily at the bar, loses his temper and fires indiscriminately at the people around him.
Assuming Extravaganza Inc owe Petra a duty of care, consider issues of standard of care and breach of duty raised by these facts.