JOHNSON v JOHNSON [1991] NSWCA 159

JOHNSON v JOHNSON [1991] NSWCA 159

It was open to the trial judge to find that the appellant had ample warnings of structural weakness in the staircase and railing, making the risk of injury foreseeable and necessitating more than cosmetic repairs; failure to act on these warnings was negligent and caused the respondent's injuries.

Parties
Appellant: Grace Johnson; Respondent: Wallie Johnson
Jurisdiction
Australia
Judgment Date
10 September 1991
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Occupier's Liability, Duty of Care, Breach of Duty, Causation
Tort Law Negligence Occupier's Liability Duty of Care Breach of Duty Causation

Case Brief

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Parties

Grace Johnson

Appellant

Wallie Johnson

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Was the appellant in breach of the duty of care owed to a visitor by failing to repair or maintain the safety of a staircase and landing?
  2. 2 Was the risk of injury from the collapse of the railing reasonably foreseeable?
  3. 3 Did the failure of the railing constitute the cause of the respondent's injuries?

Ratio Decidendi

It was open to the trial judge to find that the appellant had ample warnings of structural weakness in the staircase and railing, making the risk of injury foreseeable and necessitating more than cosmetic repairs; failure to act on these warnings was negligent and caused the respondent's injuries.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.