Hill v Chiaverini

In *Hill v Chiaverini*, the plaintiff, Ms Hill, appealed to the New South Wales Court of Appeal against the dismissal of her claim for damages for personal injuries sustained when she tripped and fell while taking a shortcut across land occupied by the defendant, Mr Chiaverini.

The central legal issue before the Court of Appeal was whether the occupier, Mr Chiaverini, had breached his duty of care to the plaintiff. This involved determining whether the risk of injury from tripping on the land was foreseeable and, if so, whether Mr Chiaverini's response to that foreseeable risk was reasonable in the circumstances.

The Court of Appeal considered the reasonableness of the system of cleaning and maintenance implemented by the occupier. It found that there was no evidence to suggest a breakdown in the established system, nor was there any indication that the system itself was unreasonable in response to the foreseeable risk of injury. Consequently, the Court concluded that the occupier had not breached his duty of care.

The appeal was dismissed, and the plaintiff was ordered to pay the defendant's costs.