Green v Hanson Construction Materials Pty Ltd

The appeal in Green v Hanson Construction Materials Pty Ltd concerned the liability and damages for an injury sustained by the plaintiff, a courier, who fell down the stairs of the defendant's premises while making a delivery. The plaintiff alleged that the defendant had breached its duty of care towards her by not providing adequate handrails on the stairs. The case was heard in the Queensland Court of Appeal, where the central issues were whether the defendant had failed to meet the required standard of care, and whether the plaintiff's failure to hold onto the handrail constituted contributory negligence.

The court considered whether the defendant owed a duty of care to the plaintiff and whether it had breached that duty by not providing adequate handrails. The court found that the defendant did owe a duty of care to the plaintiff as an invitee on its premises. The court also concluded that the defendant had breached this duty by not providing adequate handrails, which would have facilitated safe use of the stairs by the plaintiff. In relation to contributory negligence, the court determined that the plaintiff's failure to hold onto the handrail did contribute to her injury, but did not absolve the defendant of liability.

The court's reasoning led to the conclusion that the damages awarded to the plaintiff were excessive. The trial judge had awarded the plaintiff $147,654.60, but the appeal court found that this amount was not appropriate given the plaintiff's contributory negligence. The court reduced the damages to $103,358.22, reflecting a 30 per cent reduction. The court further ordered that the defendant pay two thirds of the plaintiff's costs of the appeal.