Garnett v Qantas Airways Ltd

The plaintiff, Ms Garnett, initiated legal proceedings against Qantas Airways Ltd, alleging personal injury resulting from a trip and fall on a plinth while disembarking her flight at Karratha Airport. The case was heard in the Supreme Court of Western Australia, where the primary issue was whether Qantas owed a duty of care to the plaintiff by warning her of the risk posed by the plinth. The court was also required to determine if Qantas breached this duty, and if so, whether the plaintiff's own actions contributed to the accident. Another legal issue considered was whether Qantas was vicariously liable for the actions of its employees in relation to the alleged breach.

The court examined the principles of negligence, focusing on the foreseeability of the risk and the reasonableness of the response to it. It considered that while uneven surfaces and differences in level might be accepted in some contexts, certain dangers, like the protruding plinth, could constitute a 'trap'. The court found that the risk of tripping on the plinth was foreseeable and not insignificant, particularly considering the plaintiff's distracted state. The court held that Qantas had a duty to warn passengers of the risk, which it failed to do. In assessing Qantas' liability, the court found that the airline was not vicariously liable for the breach, as the employee who was responsible for ensuring the safety of disembarking passengers was not acting within the scope of their employment at the time of the accident.

In conclusion, the court found that Qantas breached its duty of care to the plaintiff by failing to warn her of the risk posed by the plinth. The plaintiff's contributory negligence was taken into account, but it did not absolve Qantas of liability. The court ordered Qantas to pay damages to the plaintiff, reflecting both the severity of her injuries and her contributory fault. The judgment underscores the importance of carriers taking reasonable precautions to ensure passenger safety, particularly in relation to foreseeable risks that could result in significant harm.