Zadel v Eastern Suburbs Leagues Club Ltd [2018] NSWDC 140

Zadel v Eastern Suburbs Leagues Club Ltd [2018] NSWDC 140

On the balance of probabilities, the plaintiff's heel contacted and slipped on the base of the barricade post, causing her fall; that finding established negligence given the defendants' admission of breach. The plaintiff was contributorily negligent because she moved backwards towards a known barricade and stage step without looking or otherwise being aware of their position, but her responsibility was minor and warranted a 10% reduction. The fall caused a soft tissue injury to the lower back and pelvis or sacroiliac area that largely resolved by the time she returned to work in August 2014, and ongoing hip, shoulder, heel and later work-related back complaints were not attributable to...

Jurisdiction
Australia
Judgment Date
16 March 2018
Procedural Posture
Civil Negligence Claim for Personal Injury Damages Arising From a Fall on a Dance Floor / Principal Judgment After Trial; Liability and Damages Determined; Question of Costs Reserved; Leave Granted to File Notice of Discontinuance in Respect of the Cross Claim
Outcome
Judgment for the plaintiff against the defendants in the sum of $10,336.02, with costs reserved and leave to file the Notice of Discontinuance in respect of the cross-claim.
Legal Topics
['fall on Dancefloor' 'causation' 'contributory Negligence' 'damages' 'pre Existing Condition' 'lost Earning Capacity' 'domestic Assistance']
['negligence' 'personal Injury' 'civil Liability' 'evidence'] ['fall on Dancefloor' 'causation' 'contributory Negligence' 'damages' 'pre Existing Condition' 'lost Earning Capacity' 'domestic Assistance']

Case Brief

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Procedural Posture

Civil Negligence Claim for Personal Injury Damages Arising From a Fall on a Dance Floor / Principal Judgment After Trial; Liability and Damages Determined; Question of Costs Reserved; Leave Granted to File Notice of Discontinuance in Respect of the Cross Claim

Legal Issues

  1. 1 ["Whether the base of the temporary barricade post caused the plaintiff's fall." 'Whether the plaintiff was contributorily negligent by moving backwards while dancing despite knowing of the barricade.' "Whether the plaintiff's injuries were a short-duration soft tissue injury or an ongoing aggravation of pre-existing degenerative lumbar changes." 'What damages were recoverable for past lost earnings, out-of-pocket expenses, non-economic loss, domestic assistance and lost earning capacity.']

Ratio Decidendi

On the balance of probabilities, the plaintiff's heel contacted and slipped on the base of the barricade post, causing her fall; that finding established negligence given the defendants' admission of breach. The plaintiff was contributorily negligent because she moved backwards towards a known barricade and stage step without looking or otherwise being aware of their position, but her responsibility was minor and warranted a 10% reduction. The fall caused a soft tissue injury to the lower back and pelvis or sacroiliac area that largely resolved by the time she returned to work in August 2014, and ongoing hip, shoulder, heel and later work-related back complaints were not attributable to...

Court Disposition

Judgment for the plaintiff against the defendants in the sum of $10,336.02, with costs reserved and leave to file the Notice of Discontinuance in respect of the cross-claim.

Orders

  • ['Judgment for the plaintiff against the defendants in the sum of $10,336.02.' 'The question of costs reserved to a date to be fixed upon the representatives of the parties contacting my associate within seven days.' 'Leave to file in court the Notice of Discontinuance in respect of the cross-claim.']