Gaynor Colleen Smith v Jones Land LaSalle Pty Ltd [2013] NSWDC 155

Gaynor Colleen Smith v Jones Land LaSalle Pty Ltd [2013] NSWDC 155

The plaintiff failed to prove that the cracked tile caused her fall. The court was not satisfied that she fell on the cracked tile, and in any event found the crack was smooth, not raised, and had no gap or edge capable of catching her shoe. The fall was not causally attributable to any fault of the defendant,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 March 2013
Procedural Posture
Personal Injury Negligence Claim for Damages Arising From a Trip and Fall in a Shopping Centre / Principal Judgment After Hearing
Outcome
Verdict for the defendant.
Legal Topics
['trip and Fall' 'occupier Liability' 'causation' 'cracked Floor Tile' 'non Economic Loss' 'housekeeping Assistance' 'economic Loss']
['personal Injury' 'negligence' 'evidence'] ['trip and Fall' 'occupier Liability' 'causation' 'cracked Floor Tile' 'non Economic Loss' 'housekeeping Assistance' 'economic Loss']

Source-derived case record

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Procedural Posture

Personal Injury Negligence Claim for Damages Arising From a Trip and Fall in a Shopping Centre / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the plaintiff tripped on a cracked tile in front of the St George Bank at Southgate Shopping Centre.' "Whether the crack in the tile was raised, sharp, or otherwise capable of catching the plaintiff's shoe and causing her fall." "Whether any fault of the defendant caused the plaintiff's injuries." 'What damages would have been recoverable if liability had been established.']

Ratio Decidendi

The plaintiff failed to prove that the cracked tile caused her fall. The court was not satisfied that she fell on the cracked tile, and in any event found the crack was smooth, not raised, and had no gap or edge capable of catching her shoe. The fall was not causally attributable to any fault of the defendant, resulting in a verdict for the defendant.

Court Disposition

Verdict for the defendant.

Orders

  • ['Verdict for the defendant.' 'Parties to be heard on costs.']