Burling v Optus Fixed Infrastructure Pty Limited [2019] NSWDC 54

Burling v Optus Fixed Infrastructure Pty Limited [2019] NSWDC 54

The defendant owed pedestrians including the plaintiff a duty of care extending to taking reasonable steps to inspect, maintain and repair the pit lid. The lid had been bowed since at least August 2014, water pooled in the bowed section when it rained, and the defendant had multiple opportunities to observe and replace it before the March 2017 fall. Replacing the bowed lid was an obvious and not onerous precaution. The plaintiff slipped on the pooled water on the wet bowed lid, so the defendant's negligence was a necessary condition of the harm, and judgment was entered for the plaintiff with damages assessed at $156,026.19.

Jurisdiction
Australia
Judgment Date
15 March 2019
Procedural Posture
Civil Negligence Claim for Personal Injury Damages / Principal Judgment After Hearing
Outcome
Judgment for the plaintiff against the defendant for $156,026.19, with the defendant to pay the plaintiff's costs.
Legal Topics
['slip and Fall' 'duty of Care' 'inspection and Repair' 'failure to Take Reasonable Precautions' 'causation' 'non Economic Loss' 'out of Pocket Expenses' 'gratuitous Attendant Care Services' 'economic Loss']
['torts' 'negligence' 'damages'] ['slip and Fall' 'duty of Care' 'inspection and Repair' 'failure to Take Reasonable Precautions' 'causation' 'non Economic Loss' 'out of Pocket Expenses' 'gratuitous Attendant Care Services' 'economic Loss']

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Procedural Posture

Civil Negligence Claim for Personal Injury Damages / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the defendant owed a duty of care extending beyond installation of the telecommunications pit lid to inspection, maintenance and repair.' 'Whether the defendant breached its duty by permitting a bowed, damaged and slippery pit lid to remain in service in an area of high pedestrian traffic.' "Whether the defendant's negligence caused the plaintiff to slip and fall and fracture his left leg." 'What damages should be awarded for non-economic loss, out-of-pocket expenses, gratuitous attendant care services and economic loss.']

Ratio Decidendi

The defendant owed pedestrians including the plaintiff a duty of care extending to taking reasonable steps to inspect, maintain and repair the pit lid. The lid had been bowed since at least August 2014, water pooled in the bowed section when it rained, and the defendant had multiple opportunities to observe and replace it before the March 2017 fall. Replacing the bowed lid was an obvious and not onerous precaution. The plaintiff slipped on the pooled water on the wet bowed lid, so the defendant's negligence was a necessary condition of the harm, and judgment was entered for the plaintiff with damages assessed at $156,026.19.

Court Disposition

Judgment for the plaintiff against the defendant for $156,026.19, with the defendant to pay the plaintiff's costs.

Orders

  • ['Judgment for the plaintiff against the defendant for $156,026.19.' "Order the defendant to pay the plaintiff's costs." 'Grant leave to the parties to approach my Associate if either party seeks a different costs order.']