Drotem Pty Ltd v Manning

Drotem Pty Ltd (the appellant) leased premises to a doctor for use as a surgery. The appellant owned the car park adjacent to the surgery, and the doctor's patients, including the respondent, accessed the surgery via a ramp located on the appellant's property. The respondent was injured when descending this ramp in the rain, alleging negligence on the part of the appellant. The appellant appealed a decision finding it liable for the respondent's injuries.

The central legal issue before the Court of Appeal was whether the appellant, as the occupier of the property containing the ramp, owed a duty of care to the respondent, an invitee, and whether that duty had been breached. Specifically, the court had to determine if the ramp presented an "unusual danger" of which the appellant knew or ought to have known, and if the appellant had taken reasonable steps to prevent injury.

The court reasoned that the appellant, as the owner and occupier of the land, had a duty to ensure that the premises were reasonably safe for persons, such as the respondent, who were lawfully on the property. The evidence established that the ramp was steep and became slippery when wet. The court found that the appellant knew or ought to have known of these conditions, and that the combination of steepness and slipperiness constituted an unusual danger. The appellant had failed to take reasonable precautions to mitigate this danger, such as by providing non-slip surfaces or adequate warning signage.

The appeal was accordingly dismissed.