BLAKE V. SILMAN'S STORES PTY. LTD.

BLAKE V. SILMAN'S STORES PTY. LTD.

There was no evidence that the respondent knew or ought to have known of the presence of the slippery substance on the stairs, nor was there evidence of how long the substance had been there, making it impossible for the jury to conclude the respondent had the necessary knowledge.

Parties
Appellant: Blake; Respondent: Silman's Stores Pty. Ltd.
Jurisdiction
Australia
Judgment Date
16 May 1967
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Occupiers' Liability, Standard of Care, Slip and Fall
Tort Law Occupiers' Liability Standard of Care Slip and Fall

Case Brief

Summary, issues, holding and outcome

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Parties

Blake

Appellant

Silman's Stores Pty. Ltd.

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was evidence that the defendant knew or ought to have known of the existence of an unusual danger (a slippery substance) on the stairs.

Ratio Decidendi

There was no evidence that the respondent knew or ought to have known of the presence of the slippery substance on the stairs, nor was there evidence of how long the substance had been there, making it impossible for the jury to conclude the respondent had the necessary knowledge.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.