Compensation Update – Recent Slip and Fall Cases

October 21, 2013

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In Perisher Blue Pty Ltd v Harris, the NSW Court of Appeal confirmed that the operator of a ski field was liable to pay damages to a beginner skier, injured at Smiggins Hole when he skied into a ditch. The operator was negligent in not taking safety measures to prevent novice skiers skiing into the unprotected and unmarked ditch.

In Indigo Mist Pty Ltd v Palmer, the NSW Court of Appeal confirmed that the operator of a pub was liable to pay damages to a patron who had slipped over on glass tile stairs which had become wet from other patrons carrying their drinks on the stairs. The Court held that the operator should have laid carpet over the stairs or installed stairs with better frictional qualities.

In NSW Land & Housing Corporation v Dia, the NSW Court of Appeal confirmed that the Housing Corporation was liable to pay damages to a boy injured when he fell from a flight of stairs inside a home unit block. He had leant on the stair’s railing which gave way when the railing capping dislodged.

In Upper Lachlan Shire Council v Rodgers the NSW Court of Appeal held a local Council was liable in relation to a collision between an elderly man and a horizontal wooden barrier in a council carpark in Crookwell at night time; the wooden barrier represented a hidden trap at night time.

In Jones Lang LaSalle (NSW) Pty Ltd v Taouk, the NSW Court of Appeal held a carpark operator and building manager liable in relation to a slip and fall accident on some grease and oil in a city building carpark on a Saturday night. It was held that the operator and manager should have had a regular inspection and cleaning regime which checked for vehicle spillages in the carpark.