District Court
New South Wales
Judgment
The plaintiff’s claim
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The plaintiff brings proceedings for damages after he suffered an inversion injury to his right ankle whilst walking beside the fence on premises he rented from the defendants.
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The statement of claim, at paragraphs 2, 3 and 8, sets out the circumstances of injury and the breach of duty of care as follows:
“2. On or about 10 September 2017, at circa 11.30 p.m., the Plaintiff was returning to the premises when he stepped into a hole adjacent to his premises formed by the excavation for, and insertion of, a concrete base whereupon he lost his footing and fell, suffering injury.
3. The area of the fall was unlit and so was, in the circumstances, a hidden hazard. The Plaintiff was not affected by alcohol as he does not drink it.
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8. The Defendants breached their duty of care to the Plaintiff in that they:
(a) Had created uneven ground by undertaking some construction work that caused the area in which the Plaintiff fell to become dangerous and hazardous to people walking about it;
b) Failed to install adequate lighting which could be used by the Plaintiff and…
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- AGLC
- Foti v Biordi [2021] NSWDC 496
- Case
- [2021] NSWDC 496
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the defendants owed a duty of care to the plaintiff and, if so, whether they breached this duty by failing to take reasonable steps to prevent the accident. The central legal issue was whether the defendants' actions, or lack thereof, constituted negligence under common law principles. The court had to consider the foreseeability of the risk, the nature of the injury, and the standard of care expected under the circumstances.
In delivering the judgment, the court found that while the defendants were indeed under a duty of care to ensure the safety of visitors, the evidence did not support a finding that they breached this duty. The court determined that the risk of slipping on a wet floor was foreseeable but concluded that the defendants had taken reasonable steps to mitigate this risk. The court found that the plaintiff's actions also contributed to the accident, and therefore the plaintiff was partially responsible for the harm suffered. As a result, the court dismissed the plaintiff's claim, holding that the defendants were not liable for the injuries sustained by the plaintiff. The court ordered judgment for the defendants and reserved costs, with liberty to apply. Exhibits were retained until further order.
Orders
Orders of the court
Order:
(1) Judgment for the defendants.
(2) Costs reserved, with liberty to apply.
(3) Exhibits retained until further order.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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