Re: Duty of care
Having a duty of care and not succeeding does not automatically mean there's a liability. Stuff happens and you can't reasonably prevent everything all the time. Their only obligation is to take care, not to succeed in all circumstances.
But yeah, they do have a duty of care, and stuff happened. So now it's up to the judge to decide if they have taken sufficient care or if they could reasonably be expected to have prevented this from happening.