Krickovic v The Star Pty Limited [2019] NSWDC 594

Krickovic v The Star Pty Limited [2019] NSWDC 594

The defendant breached its duty of care by failing to implement reasonable systems for inspection and cleaning of the marble floor in a high-traffic area where spillage was foreseeable. This failure allowed the puddle to remain undetected, resulting in the plaintiff's slip and injury. The risk was foreseeable, not insignificant, and a reasonable occupier would have taken precautions. The injuries sustained were a necessary consequence of the defendant's negligence, establishing causation and liability for damages.

Jurisdiction
Australia
Judgment Date
25 October 2019
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['slip and Fall' 'personal Injury' 'damages Assessment']
['torts' 'negligence' 'occupiers Liability'] ['slip and Fall' 'personal Injury' 'damages Assessment']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Identification of relevant risk of harm' 'Duty of care owed by the defendant' 'Whether defendant was in breach of duty of care and negligent' 'Assessment of damages']

Ratio Decidendi

The defendant breached its duty of care by failing to implement reasonable systems for inspection and cleaning of the marble floor in a high-traffic area where spillage was foreseeable. This failure allowed the puddle to remain undetected, resulting in the plaintiff's slip and injury. The risk was foreseeable, not insignificant, and a reasonable occupier would have taken precautions. The injuries sustained were a necessary consequence of the defendant's negligence, establishing causation and liability for damages.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Verdict and judgment for the plaintiff against the defendant in the sum of $150,144.15' "The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis"]