Baker v Bunnings Group Limited [2020] NSWDC 310

Baker v Bunnings Group Limited [2020] NSWDC 310

The defendant did not breach its duty of care to the plaintiff because the risk posed by the kerb was obvious to a reasonable person exercising due care, as required by the Civil Liability Act 2002 (NSW), and there was no history of prior incidents or evidence that a reasonable person would have taken further precautions beyond those already in place. Thus, judgment was entered for the defendant.

Jurisdiction
Australia
Judgment Date
18 June 2020
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the defendant.
Legal Topics
['civil Liability Act Claim' 'duty of Care' 'obvious Risk' 'personal Injury' 'contributory Negligence']
['torts' 'negligence'] ['civil Liability Act Claim' 'duty of Care' 'obvious Risk' 'personal Injury' 'contributory Negligence']

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Did Bunnings Group Limited breach a duty of care owed to the plaintiff?' 'Was the risk of harm from the kerb foreseeable and not insignificant under Civil Liability Act 2002 (NSW)?' 'Should the defendant have taken precautions such as warning or painting the kerb?' 'Did the plaintiff fail to exercise reasonable care for her own safety (contributory negligence)?' 'What is the quantum of damages for personal injury and domestic assistance?']

Ratio Decidendi

The defendant did not breach its duty of care to the plaintiff because the risk posed by the kerb was obvious to a reasonable person exercising due care, as required by the Civil Liability Act 2002 (NSW), and there was no history of prior incidents or evidence that a reasonable person would have taken further precautions beyond those already in place. Thus, judgment was entered for the defendant.

Court Disposition

Judgment for the defendant.

Orders

  • ['Judgment for the defendant.' 'The plaintiff is to pay the costs of the defendant as agreed or assessed.' 'Liberty to any party to make an application within 14 days to vary the costs order.' 'The exhibits are to be retained for 28 days.']