Everett v The State of Western Australia

Everett v The State of Western Australia was a case heard by the District Court of Western Australia. The plaintiff, David Francis Everett, was an inmate of Casuarina Prison at the time of the incident and sought damages for negligence against the State of Western Australia, which had care and control of the prison and employed the prison officers. The plaintiff alleged that he was assaulted by another inmate, Wayne Napier, and that the State breached its duty of care by failing to monitor, supervise, and control the movements and activities of the inmates, and by not warning or reassuring the plaintiff about the circumstances leading to the assault. The State denied the allegations and argued that it could not be held vicariously liable for the actions of its employees under s 111 of the Prisons Act 1981. The court held that the State was a "person" within the meaning of s 111 and that the provision provided a complete defence to the plaintiff's claim. The court also found that the plaintiff had not established a breach of duty of care by the State. The action was dismissed.