Thompson v Cross [2014] NSWDC 8

Thompson v Cross [2014] NSWDC 8

The defendant, as occupier, owed a duty of care to the plaintiff, and by positioning the kettle and children's table in a manner that posed a foreseeable risk to a small child, breached this duty; causation was not broken by the mother’s supervision, making the defendant liable for the resulting injuries and damages.

Jurisdiction
Australia
Judgment Date
13 March 2014
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff for $92,909.10
Legal Topics
['occupiers Liability' 'negligence']
['torts'] ['occupiers Liability' 'negligence']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the defendant grandmother as occupier owed a duty of care to the plaintiff' "Whether the placement of the kettle and children's table amounted to breach of duty" "Whether causation between defendant's actions and plaintiff's injuries was broken by mother's supervision" 'Assessment of damages including non-economic loss, future surgery, and associated consequences']

Ratio Decidendi

The defendant, as occupier, owed a duty of care to the plaintiff, and by positioning the kettle and children's table in a manner that posed a foreseeable risk to a small child, breached this duty; causation was not broken by the mother’s supervision, making the defendant liable for the resulting injuries and damages.

Court Disposition

Judgment for the plaintiff for $92,909.10

Orders

  • ['Judgment for the plaintiff in the sum of $92,909.10.' "The defendant is to pay the plaintiff's costs of the proceedings." 'The exhibits may be returned.']