A supermarket customer accidentally dropped his carton of

A supermarket customer accidentally dropped his carton of milk. The carton split open when it hit the floor. Milk spread over the area in front of the dairy section. A supermarket employee witnessed the accident and rushed off to collect cleaning equipment and warning signs.

Graham had spent the afternoon drinking beer and spirits at his local hotel. Evicted from the hotel for being drunk, he stumbled across the road to the supermarket to purchase some milk. Graham also witnessed the accident with the milk carton but, unlike the other customers who stood back, he walked onto the wet floor and reached for a carton of milk. Graham slipped on the wet floor and, as a result, suffered concussion and a broken arm.

Graham now wishes to sue the supermarket for common law negligence. The supermarket acknowledges that it owes a duty of care to Graham but it wants you to advise it regarding standard of care and anything else that might help their defence.

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