Forge v Atlantic Cleaning & Security Pty Limited [2015] NSWDC 37

Forge v Atlantic Cleaning & Security Pty Limited [2015] NSWDC 37

The court found, on the balance of probabilities, that the defendant breached its duty of care by failing to adequately clean and warn of a hazardous surface, which was a foreseeable and not insignificant risk, and that the plaintiff slipped on a substance left by the cleaner. The plaintiff suffered an aggravation of pre-existing arthritis as a result. However, the quantification of her damages required a substantial discount to account for the subsequent similar incident that contributed materially to her ongoing symptoms. The court assessed damages only to the extent due to the first fall, awarding judgment for $64,955.87.

Parties
Plaintiff: Donna Forge; Defendant: Atlantic Cleaning & Security Pty Limited
Jurisdiction
Australia
Judgment Date
30 March 2015
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff for $64,955.87
Legal Topics
Slip and Fall, Causation, Negligence, Effect of Subsequent Injuries, Damages, Duty of Care
Tort Law Slip and Fall Causation Negligence Effect of Subsequent Injuries Damages Duty of Care

Case Brief

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Parties

Donna Forge

Plaintiff

Atlantic Cleaning & Security Pty Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached its duty of care to the plaintiff under the Civil Liability Act 2002 by failing to adequately clean or warn of a hazardous surface, resulting in a slip and fall.
  2. 2 Whether the plaintiff's ongoing injuries and losses were caused by the initial fall or affected by subsequent incidents, and to what extent damages are attributable to the defendant's breach.

Ratio Decidendi

The court found, on the balance of probabilities, that the defendant breached its duty of care by failing to adequately clean and warn of a hazardous surface, which was a foreseeable and not insignificant risk, and that the plaintiff slipped on a substance left by the cleaner. The plaintiff suffered an aggravation of pre-existing arthritis as a result. However, the quantification of her damages required a substantial discount to account for the subsequent similar incident that contributed materially to her ongoing symptoms. The court assessed damages only to the extent due to the first fall, awarding judgment for $64,955.87.

Court Disposition

Judgment for the plaintiff for $64,955.87

Orders

  • Judgment for the plaintiff in the sum of $64,955.87.
  • The defendant is to pay the plaintiff's costs of the proceedings.