Commissioner of Main Roads v Jones

The Commissioner of Main Roads (the Commissioner) appealed to the High Court of Australia against a decision of the Supreme Court of Queensland which had awarded damages to Mr. Jones for personal injuries sustained when his vehicle collided with a concrete median strip on a State highway. The dispute concerned the Commissioner's liability for the injuries suffered by Mr. Jones.

The High Court was required to determine whether the Commissioner had breached its duty of care to road users by failing to adequately warn of the presence and nature of the median strip, and whether any such breach caused or contributed to Mr. Jones's accident and injuries. The court also considered the principles of contributory negligence in assessing the extent of the Commissioner's liability.

McHugh and Hayne JJ found that the Commissioner had not breached its duty of care. Their Honours reasoned that the median strip was a common feature of highways and that its presence was obvious. The court held that the Commissioner was not obliged to warn of every potential hazard that might arise from a driver's own negligence or inattention. The evidence did not establish that the median strip was inherently dangerous or that there was any failure to maintain the road in a safe condition. The court concluded that Mr. Jones's own negligence in failing to observe the road ahead and maintain proper control of his vehicle was the sole cause of the accident.

The appeal was allowed, and the judgment of the Supreme Court of Queensland was set aside.