Fairfield City Council v Petro

Fairfield City Council appealed to the Supreme Court of New South Wales, Court of Appeal, against a judgment of the District Court which found the Council liable in negligence for injuries sustained by the respondent, Mr. Petro, at a public swimming pool operated by the Council. Mr. Petro had suffered a spinal injury when he dived into the shallow end of the pool.

The central legal issue before the Court of Appeal was whether the Council had breached its duty of care to pool patrons by failing to adequately warn of the dangers of diving into the shallow end of the pool. This involved considering the scope of the duty of care owed by a pool operator to its patrons and whether the existing signage and supervision were sufficient to discharge that duty in the circumstances.

The Court of Appeal affirmed the District Court's finding of negligence. It reasoned that the Council owed a non-delegable duty to take reasonable care for the safety of its patrons. The Court found that the signage at the pool, which included a sign stating "No Diving in Shallow Water," was insufficient to adequately warn of the specific risks associated with diving into the shallow end, particularly given the pool's design and the common propensity for people to dive. The Court also considered the adequacy of supervision, noting that while lifeguards were present, their effectiveness in preventing such dives was questionable. The principles of foreseeability and the need for clear and prominent warnings were central to the Court's reasoning.

The appeal was dismissed, and Fairfield City Council was ordered to pay the costs of the appeal.