Sylvester leaves the chemical factory at the end of a day’s work. He is approximately 500 m away from the gates when a series of massive explosions occur back at the factory and he is knocked to the ground by the shock waves and was injured. He hears the screams of his co-workers caught in the fire that follows, but a thick layer of smoke prevents him from returning inside to assist them. 50 people died as a result of the explosions and ensuing fire. It later became clear that the accident was caused by the lack of regular and appropriate maintenance of the factory machinery. Sylvester was traumatised following the incident and is unable to work again for a long period of time.

Discuss the potential liability and defences available in negligence of the factory owners for Sylvester’s injuries and illness.