Nikolich v Webb

In the matter of Nikolich v Webb, the plaintiff, Ms Nikolich, sought damages from the defendant, Mr Webb, for injuries sustained from a slip in a bathroom of a short-stay rental property owned by Mr Webb. The dispute centred on whether Mr Webb, as the property owner, owed a duty of care to Ms Nikolich, and if so, whether he breached this duty by failing to warn her of the slippery condition. The case was heard in the Supreme Court of Western Australia.

The primary legal issue was whether section 5O of the Civil Liability Act 2002 (WA) applied to limit the defence of volenti non fit injuria. Additionally, the court had to determine whether Mr Webb owed Ms Nikolich a duty of care, and if so, whether this duty included a requirement to warn her of the obvious risk of slipping in the bathroom. The court also needed to assess whether Mr Webb had taken reasonable precautions given the circumstances.

The Supreme Court of Western Australia held that section 5O of the Civil Liability Act did not limit the application of the defence of volenti non fit injuria. The court emphasised that the defence turns on the specific facts of each case. The court further found that Mr Webb owed Ms Nikolich a duty of care, which included a duty to warn her of the obvious risk, as it was not entirely obvious to a reasonable person. The court determined that Mr Webb had not taken reasonable precautions by failing to warn Ms Nikolich of the slippery condition.

The court ordered that Mr Webb was liable for Ms Nikolich’s injuries and awarded her damages. The specific amount of damages was to be determined in a subsequent proceeding.