Jacobe v QSR Pty Ltd t/as Kentucky Fried Chicken Lakemba

The case of Jacobe v QSR Pty Ltd t/as Kentucky Fried Chicken Lakemba involved a dispute between the plaintiff, who alleged that they had suffered injuries due to the negligence of the defendant, the operator of a Kentucky Fried Chicken restaurant in Lakemba. The plaintiff claimed that they had tripped over a concrete wheel stop in the car park, resulting in injuries that necessitated medical treatment. The case was heard in the Local Court of New South Wales.

The primary legal issues before the court were whether the risk of the plaintiff's fall was an obvious one, thus absolving the defendant from liability, and whether the plaintiff's own negligence contributed to the accident. Additionally, the court had to assess whether the claimed damages exceeded the statutory threshold set out in section 16 of the Civil Liability Act 2002. The court also needed to determine the appropriate quantum of damages if the plaintiff's claim was successful.

In delivering the judgment, the court found that the risk posed by the concrete wheel stop was indeed obvious, as it was plainly visible and did not require any special attention to avoid. The court concluded that the plaintiff's fall was not due to any negligence on the part of the defendant. Furthermore, the court found that the plaintiff had contributed to their own fall by not paying adequate attention to their surroundings. Consequently, the court ruled in favour of the defendant, dismissing the plaintiff's claim. The court also held that the claimed damages did not exceed the statutory threshold and ordered the plaintiff to pay the defendant's costs unless otherwise directed.