Illingby v Ratewave Pty Limited t/as Novotel Manly Pacific Hotel [2015] NSWDC 302

Illingby v Ratewave Pty Limited t/as Novotel Manly Pacific Hotel [2015] NSWDC 302

The raised decorative timber platform in the hotel foyer was not an obvious risk to a reasonable person in the plaintiff's position because intense glare and the visual presentation of the platform could make the raised edge difficult to perceive, and the plaintiff proved he was not aware of the risk. The defendant knew or ought to have known of the foreseeable and not insignificant risk of tripping, particularly after a prior similar incident, and reasonable precautions such as removal, isolation, better illumination, placement of barriers or warning signs were available and not unduly burdensome. The defendant's breach caused the plaintiff's fall and consequent aggravation of...

Jurisdiction
Australia
Judgment Date
18 December 2015
Procedural Posture
Civil Personal Injury Negligence Claim for Occupier's Liability / Principal Judgment After Trial
Outcome
Verdict and judgment for the plaintiff against the defendant in the sum of $129,500.
Legal Topics
['hotel Premises Trip and Fall' 'obvious Risk' 'contributory Negligence' 'duty of Care and Breach' 'causation of Injury and Ongoing Disability' 'assessment of Damages Under the Civil Liability Act 2002' 'domestic Assistance']
['torts' 'negligence' "occupier's Liability" 'damages'] ['hotel Premises Trip and Fall' 'obvious Risk' 'contributory Negligence' 'duty of Care and Breach' 'causation of Injury and Ongoing Disability' 'assessment of Damages Under the Civil Liability Act 2002' 'domestic Assistance']

Case Brief

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Procedural Posture

Civil Personal Injury Negligence Claim for Occupier's Liability / Principal Judgment After Trial

Legal Issues

  1. 1 ['Whether the raised timber platform on which the plaintiff tripped constituted an obvious risk within the meaning of s 5F and s 5G of the Civil Liability Act 2002.' "The nature, content and alleged breach of the duty of care owed to the plaintiff, and whether such alleged breach caused the plaintiff's injuries, having regard to s 5B, s 5C and s 5D of the Civil Liability Act 2002." 'Whether there was contributory negligence on the part of the plaintiff, and if so, to what extent.' "The extent to which the plaintiff's ongoing disabilities were caused by the fall." "The assessment of the plaintiff's entitlement to the claimed heads of damage."]

Ratio Decidendi

The raised decorative timber platform in the hotel foyer was not an obvious risk to a reasonable person in the plaintiff's position because intense glare and the visual presentation of the platform could make the raised edge difficult to perceive, and the plaintiff proved he was not aware of the risk. The defendant knew or ought to have known of the foreseeable and not insignificant risk of tripping, particularly after a prior similar incident, and reasonable precautions such as removal, isolation, better illumination, placement of barriers or warning signs were available and not unduly burdensome. The defendant's breach caused the plaintiff's fall and consequent aggravation of...

Court Disposition

Verdict and judgment for the plaintiff against the defendant in the sum of $129,500.

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $129,500;' "The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered;" 'The exhibits may be returned;' "Liberty to apply on 7 days' notice if further or other orders are required."]