Francis v VERDON by her next friend VERDON

In *Francis and Anor v Verdon by her next friend Verdon* [1997] NSWCA 114, the New South Wales Court of Appeal considered an appeal concerning the liability of the appellants for injuries sustained by the respondent, a young child, who fell from a trampoline. The dispute centred on whether the appellants, who were the owners of the property where the trampoline was located and had invited the child to their home, owed a duty of care to the child and whether they had breached that duty.

The primary legal issues before the Court of Appeal were whether the appellants owed a duty of care to the infant respondent in relation to the use of the trampoline, and if so, whether that duty had been breached. The court also had to consider the application of the principles of occupiers' liability and the foreseeability of harm to a child of the respondent's age in the context of the circumstances in which the trampoline was made available for use.

The Court of Appeal affirmed the principles of occupiers' liability, noting that an occupier owes a duty of care to lawful visitors, including children, to take reasonable steps to protect them from foreseeable risks. The court found that the appellants, by providing a trampoline for the use of visiting children, had created a situation where a duty of care arose. The court reasoned that the risk of a child falling from a trampoline was a foreseeable one, and that the appellants had failed to take reasonable precautions to mitigate this risk, such as supervising the child's use of the trampoline or ensuring it was used in a safe manner. The court applied the test of foreseeability and the standard of care expected of a reasonable occupier in such circumstances.

The appeal was dismissed, with the Court of Appeal upholding the decision of the trial judge.