Jenolan Caves Resort Pty Ltd v Turner [2000] NSWCA 381

Jenolan Caves Resort Pty Ltd v Turner [2000] NSWCA 381

Assuming there was a risk requiring some alleviating action, the plaintiff's claim failed on causation because she had put her left foot on the step and then caught her right foot; the fall was caused by her failure to match the movement of her right foot to her left, not by the defendant's failure to warn of or alter the step.

Jurisdiction
Australia
Judgment Date
24 November 2000
Procedural Posture
Negligence Personal Injury Slipping/tripping Claim / Defendant's Appeal and Plaintiff's Cross Appeal From a District Court Judgment for the Plaintiff
Outcome
Appeal allowed; District Court judgment for the plaintiff set aside; judgment entered for the defendant; cross-appeal dismissed.
Legal Topics
["occupiers' Liability" 'causation' 'contributory Negligence' 'slip and Fall' 'appeal']
['negligence' 'personal Injury' 'civil Procedure'] ["occupiers' Liability" 'causation' 'contributory Negligence' 'slip and Fall' 'appeal']

Case Brief

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Procedural Posture

Negligence Personal Injury Slipping/tripping Claim / Defendant's Appeal and Plaintiff's Cross Appeal From a District Court Judgment for the Plaintiff

Legal Issues

  1. 1 ["Whether the plaintiff's fall was caused by the defendant's failure to guard against the risk of tripping on the step." 'Whether the District Court judgment finding liability should be set aside.' 'Whether the cross-appeal should be maintained.']

Ratio Decidendi

Assuming there was a risk requiring some alleviating action, the plaintiff's claim failed on causation because she had put her left foot on the step and then caught her right foot; the fall was caused by her failure to match the movement of her right foot to her left, not by the defendant's failure to warn of or alter the step.

Court Disposition

Appeal allowed; District Court judgment for the plaintiff set aside; judgment entered for the defendant; cross-appeal dismissed.

Orders

  • ['Appeal allowed.' 'Judgment in favour of the plaintiff set aside, and in lieu thereof judgment for the defendant.' 'The plaintiff to pay the costs of the appeal and of the trial.' 'The cross-appeal is dismissed and the plaintiff is to pay the costs of the cross-appeal.']