Morgan v Owners of Strata Plan 13937 & anor [2006] NSWSC 1019

Morgan v Owners of Strata Plan 13937 & anor [2006] NSWSC 1019

The accident occurred when Mr Morgan, who was not running, tripped on a carpet off-cut holding open the front security door, then slipped on wet tiles and fell down steps. The Owners were not negligent in failing to remove the carpet off-cuts because the trip risk was slight and obvious and the off-cuts had utility. However, the wet tiled landing at the top of five steps presented a foreseeable and not insignificant slip risk in rain, and reasonable care required the Owners to provide an external slip-resistant weatherproof doormat, a cheap and available precaution recommended by the Standard. That omission caused the fall to continue and caused the injuries. Mr Morgan's failure to...

Jurisdiction
Australia
Judgment Date
29 September 2006
Procedural Posture
Torts Negligence Occupier's Liability Claim / Trial Judgment in the Common Law Division
Outcome
Judgment for the plaintiff for $210,000, and costs.
Legal Topics
['dangerous Premises' 'home Unit Body Corporate Common Areas' 'slip and Fall on Wet Tiled Landing' 'trip Hazard From Carpet Off Cuts' 'breach of Duty' 'causation' 'contributory Negligence' 'assessment of Damages']
['torts' 'negligence' "occupier's Liability" 'personal Injury Damages'] ['dangerous Premises' 'home Unit Body Corporate Common Areas' 'slip and Fall on Wet Tiled Landing' 'trip Hazard From Carpet Off Cuts' 'breach of Duty' 'causation' 'contributory Negligence' 'assessment of Damages']

Case Brief

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Procedural Posture

Torts Negligence Occupier's Liability Claim / Trial Judgment in the Common Law Division

Legal Issues

  1. 1 ['How the accident occurred, including whether Mr Morgan was running and whether he tripped on a carpet off-cut holding open the front security door.' 'Whether the Owners breached their duty of care by failing to remove carpet off-cuts, prevent their use as a doorstop, provide a latch or warning sign, or provide an external slip-resistant weatherproof doormat.' "Whether any breach caused Mr Morgan's injuries." 'Whether Mr Morgan was guilty of contributory negligence.' "The assessment of Mr Morgan's damages."]

Ratio Decidendi

The accident occurred when Mr Morgan, who was not running, tripped on a carpet off-cut holding open the front security door, then slipped on wet tiles and fell down steps. The Owners were not negligent in failing to remove the carpet off-cuts because the trip risk was slight and obvious and the off-cuts had utility. However, the wet tiled landing at the top of five steps presented a foreseeable and not insignificant slip risk in rain, and reasonable care required the Owners to provide an external slip-resistant weatherproof doormat, a cheap and available precaution recommended by the Standard. That omission caused the fall to continue and caused the injuries. Mr Morgan's failure to...

Court Disposition

Judgment for the plaintiff for $210,000, and costs.

Orders

  • ['Judgment for the plaintiff for $210,000.' "The defendants are to pay the plaintiff's costs."]