Florida Hotels Pty Ltd v Mayo

Florida Hotels Pty Ltd (the appellant) appealed to the High Court of Australia from a judgment of the Supreme Court of Queensland. The dispute concerned the appellant's liability for injuries sustained by the respondent, Mr. Mayo, who fell from a balcony at the appellant's hotel. Mr. Mayo alleged that the appellant had been negligent in its duty of care to him as a guest.

The High Court was required to determine whether the appellant had breached its duty of care to Mr. Mayo by failing to ensure the balcony was safe, and if so, whether this breach caused Mr. Mayo's injuries. Specifically, the court considered whether the appellant had taken reasonable steps to prevent a foreseeable risk of harm to its guests from the balcony.

The court found that the appellant had a duty to take reasonable care to ensure that the premises provided to its guests were reasonably safe. It was held that the appellant had failed to discharge this duty, as the balcony presented a foreseeable risk of harm due to its design and the absence of adequate safety measures. The court applied the principles of negligence, focusing on the foreseeability of the risk and the reasonableness of the steps taken by the appellant to mitigate that risk. The appeal was dismissed.