Ford v State of NSW

The plaintiff, Ford, sued the defendant, the State of NSW, for damages after tripping on a loose threshold at the entrance to a public bathroom. The incident resulted in a broken ankle and significant medical expenses. The matter was heard in the Supreme Court of New South Wales. The central issue before the court was whether the State of NSW owed a duty of care to the plaintiff, and if so, whether it had breached that duty. Additionally, the court had to consider the appropriate measure of damages for the injuries sustained.

The court found that the State of NSW did owe a duty of care to the plaintiff as a member of the public, given that the bathroom was under the control and management of the state. The court examined the evidence regarding the maintenance of the premises and concluded that the state had failed to exercise reasonable care. Specifically, the threshold was uneven and presented a tripping hazard, which should have been identified and rectified during routine inspections. The court determined that the state's failure to address this hazard amounted to a breach of the duty of care. Regarding damages, the court assessed the extent of the plaintiff's injuries and the associated medical costs, awarding compensation accordingly.

The Supreme Court of New South Wales held that the State of NSW was liable for the plaintiff's injuries and ordered it to pay damages. The precise amount was determined based on the extent of the injuries, the medical costs incurred, and the impact on the plaintiff's ability to work and engage in daily activities. The court provided a detailed breakdown of the award, ensuring that all elements of loss and expense were considered.