Ford v State of NSW & Anor [2001] NSWSC 145

Ford v State of NSW & Anor [2001] NSWSC 145

The second defendant breached both the implied contractual obligation to perform the bathroom renovations with reasonable care and skill and its duty of care by leaving a 25 millimetre raised lip at the bathroom entry without a simple timber fillet ramp or similar response, creating a real and foreseeable tripping risk for a plaintiff known to walk with a marked limp. The plaintiff did trip and fall on 13 July 1998, but the fall caused only short-lived pain and minor residual symptoms; her later wheelchair dependence and significant worsening were attributable to a later twisting incident and her congenital hip condition. No reduction was made for contributory negligence.

Jurisdiction
Australia
Judgment Date
16 March 2001
Procedural Posture
Negligence and Breach of Contract Claim for Damages Arising From Bathroom Renovation Works / Judgment After Hearing; Case Settled as Against the First Defendant and Cross Claim Between the First and Second Defendant Settled
Outcome
Judgment for the plaintiff against the second defendant in the sum of $54,479.55; costs reserved.
Legal Topics
['negligence' 'breach of Contract' 'contributory Negligence' 'personal Injury Damages' 'causation' 'domestic Assistance' 'economic Loss']
['tort Law' 'contract Law' 'damages'] ['negligence' 'breach of Contract' 'contributory Negligence' 'personal Injury Damages' 'causation' 'domestic Assistance' 'economic Loss']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Negligence and Breach of Contract Claim for Damages Arising From Bathroom Renovation Works / Judgment After Hearing; Case Settled as Against the First Defendant and Cross Claim Between the First and Second Defendant Settled

Legal Issues

  1. 1 ['Whether the second defendant breached an implied contractual term to carry out bathroom renovation works with reasonable care and skill.' 'Whether the second defendant owed and breached a duty of care to the plaintiff by creating a raised lip at the bathroom entry.' 'Whether the plaintiff tripped and fell at the bathroom entrance on 13 July 1998.' "Whether the fall caused the plaintiff's claimed wheelchair dependence or only temporary injury symptoms." 'Whether damages should be reduced for contributory negligence.']

Ratio Decidendi

The second defendant breached both the implied contractual obligation to perform the bathroom renovations with reasonable care and skill and its duty of care by leaving a 25 millimetre raised lip at the bathroom entry without a simple timber fillet ramp or similar response, creating a real and foreseeable tripping risk for a plaintiff known to walk with a marked limp. The plaintiff did trip and fall on 13 July 1998, but the fall caused only short-lived pain and minor residual symptoms; her later wheelchair dependence and significant worsening were attributable to a later twisting incident and her congenital hip condition. No reduction was made for contributory negligence.

Court Disposition

Judgment for the plaintiff against the second defendant in the sum of $54,479.55; costs reserved.

Orders

  • ['The second defendant is to pay the plaintiff the sum of $54,479.55.' 'Costs are reserved.']