Sutherland Shire Council v Safar [2017] NSWCA 203

Sutherland Shire Council v Safar [2017] NSWCA 203

The Council breached its duty as occupier because, in wet conditions and with knowledge that the parquetry floor was highly slippery when wet and that previous slipping incidents had occurred, a reasonable person in its position would have taken practical precautions such as providing adequate umbrella storage or bagging facilities, facilities for wet outer garments, and associated directions or inspection and mopping. On the balance of probabilities, those precautions would have prevented or sufficiently reduced the water on the floor so that Ms Safar's fall would not have occurred, and the scope of the Council's liability extended to the harm suffered. The appeal therefore failed.

Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Appeal in Negligence and Occupier's Liability Proceedings / Appeal From the District Court of New South Wales
Outcome
Appeal dismissed with costs
Legal Topics
["occupier's Liability" 'causation' 'reasonable Precautions' 'obvious Risk' 'duty to Warn' 'civil Liability Act 2002 (nsw)']
['torts' 'negligence'] ["occupier's Liability" 'causation' 'reasonable Precautions' 'obvious Risk' 'duty to Warn' 'civil Liability Act 2002 (nsw)']

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Procedural Posture

Appeal in Negligence and Occupier's Liability Proceedings / Appeal From the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the primary judge erred in finding that a reasonable person in the position of the Council would have taken further precautions against the risk of patrons slipping on the wet parquetry floor.' 'Whether the primary judge adequately considered the matters required by s 5B(2) of the Civil Liability Act 2002 (NSW).' "Whether the respondent's injury was caused by any breach of duty by the Council within s 5D of the Civil Liability Act 2002 (NSW)." 'Whether the risk of harm was an obvious risk and whether the Council owed a duty to warn of it.']

Ratio Decidendi

The Council breached its duty as occupier because, in wet conditions and with knowledge that the parquetry floor was highly slippery when wet and that previous slipping incidents had occurred, a reasonable person in its position would have taken practical precautions such as providing adequate umbrella storage or bagging facilities, facilities for wet outer garments, and associated directions or inspection and mopping. On the balance of probabilities, those precautions would have prevented or sufficiently reduced the water on the floor so that Ms Safar's fall would not have occurred, and the scope of the Council's liability extended to the harm suffered. The appeal therefore failed.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']