Safar v Sutherland Shire Council [2016] NSWDC 232

Safar v Sutherland Shire Council [2016] NSWDC 232

The defendant was negligent in failing to take reasonable and practical precautions (including providing mats, umbrella storage, cleaning and monitoring) to prevent foreseeable risk of slips on wet parquetry floor in wet weather at an event; plaintiff had awareness of the obvious risk but failed to keep proper...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 September 2016
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff subject to contributory negligence
Legal Topics
["occupiers' Liability" 'contributory Negligence' 'personal Injury' 'assessment of Damages']
['torts' 'negligence'] ["occupiers' Liability" 'contributory Negligence' 'personal Injury' 'assessment of Damages']

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether Sutherland Shire Council was negligent as occupier of the premises' 'Whether the wet parquetry floor constituted an obvious risk' 'Whether there was contributory negligence on the part of the plaintiff' "Assessment of plaintiff's damages"]

Ratio Decidendi

The defendant was negligent in failing to take reasonable and practical precautions (including providing mats, umbrella storage, cleaning and monitoring) to prevent foreseeable risk of slips on wet parquetry floor in wet weather at an event; plaintiff had awareness of the obvious risk but failed to keep proper lookout, warranting a deduction for contributory negligence, resulting in an apportioned award.

Court Disposition

Judgment for the plaintiff subject to contributory negligence

Orders

  • ['Verdict for the plaintiff in the assessed sum of $376,035.75' 'Judgment for the plaintiff, after deduction for 20% contributory negligence, in the sum of $300,828.60' 'Exhibits may be returned' "Defendant to pay plaintiff's costs on an ordinary basis unless some other basis is established" 'Liberty to apply on 7...