Elements of delictual liability

Give an opinion on whether the defendant in the scenario can be held delictual liable or not. Ensure to address all 5 elements of delictual liability. What are her chances of succeeding with a delictual action in this regard? Restrict opinion to the law of delict – do not for instance dwell on the law of evidence, procedural aspects, etcetera.

Patricia visits the Animal World Zoo. She is particularly fascinated by the penguin exhibit, featuring a water tank and an artificial island. She does not notice that some water is seeping from the tank, making the tiled viewing area very slippery. Patricia slips and falls, breaking her right leg. At the emergency section of the Total-care Hospital, her leg is set in plaster. She is issued with crutches and is discharged from the hospital. At home, the next day,

Patricia does not find it easy to walk with the crutches. She slips and falls again, this time breaking her left arm. Her arm is also set in plaster, and she is now more or less wheelchair-bound. During this time of relative immobility, she spends a lot of time watching television. She sees a television
program dealing with the hazardous situation at the penguin exhibit of Animal World Zoo.

The presenter of the program conducts interviews that bring to light that the management of Animal World Zoo has received several complaints from members of the public about the dangerous water leakage at the penguin exhibit, but they have done nothing about it. Patricia now wishes to institute a delictual action against Animal
World Zoo. She wishes to claim damages for her broken leg as well as her broken arm.