Novakovic v Stekovic

In *Novakovic v Stekovic*, the appellant, who was afraid of dogs, was injured when she slipped and fell while hastily leaving the respondents' home after seeing their hunting dog, Cougar, inside the premises. The appellant alleged that the respondents had breached their duty of care owed to her as a social guest.

The central legal issue before the Court of Appeal of New South Wales was whether the respondents had breached their duty of care to the appellant. This required the court to consider whether the risk of injury to the appellant was foreseeable and not insignificant, and whether the respondents ought to have taken the precaution of keeping the dog outside the premises, pursuant to section 5B of the *Civil Liability Act 2002*.

The court reasoned that while the appellant's fear of dogs was known to the respondents, the specific circumstances of the incident did not establish a breach of duty. The court found that the risk of the appellant slipping and falling due to a hasty departure was not a reasonably foreseeable consequence of the dog being inside the house. The respondents had no reason to anticipate that the appellant would react with such extreme fear as to cause her to fall. Therefore, the respondents were not required to take the precaution of keeping the dog outside.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.