Khaled v NSW Land & Housing Corporation [2019] NSWDC 97

Khaled v NSW Land & Housing Corporation [2019] NSWDC 97

The risk of harm from slipping was neither foreseeable nor significant given the long, incident-free history of use and lack of evidence that the surface was slippery. The application of the non-slip product did not increase the risk. The defendants were not negligent and there was no causal connection established between any alleged breach and the plaintiff’s injuries.

Jurisdiction
Australia
Judgment Date
05 April 2019
Procedural Posture
Civil / Trial Judgment
Outcome
Judgment for the defendants
Legal Topics
['slip and Fall' 'duty of Care' 'foreseeable Risk' 'failure to Warn' 'reasonable Precautions' 'factual Causation' 'pre Existing Conditions' 'damages']
['torts' 'negligence' 'personal Injury'] ['slip and Fall' 'duty of Care' 'foreseeable Risk' 'failure to Warn' 'reasonable Precautions' 'factual Causation' 'pre Existing Conditions' 'damages']

Case Brief

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Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 ["Whether the defendants were negligent in relation to the condition of the walkway resulting in the plaintiff's fall" 'Whether the risk of harm was foreseeable or significant under s 5B of the Civil Liability Act 2002 (NSW)' 'Whether reasonable precautions were not taken by the defendants' 'Whether the application of a non-slip product contributed to the harm' "Whether any breach caused the plaintiff's injury"]

Ratio Decidendi

The risk of harm from slipping was neither foreseeable nor significant given the long, incident-free history of use and lack of evidence that the surface was slippery. The application of the non-slip product did not increase the risk. The defendants were not negligent and there was no causal connection established between any alleged breach and the plaintiff’s injuries.

Court Disposition

Judgment for the defendants

Orders

  • ['Verdict and judgment for the defendants.' "Plaintiff to pay the defendants' costs." 'Exhibits are to be returned.']