Raciti v Wadren Pty Ltd

In the matter of Raciti v Wadren Pty Ltd, the plaintiff, Mr. Raciti, brought an action against the defendant, Wadren Pty Ltd, for injuries sustained after falling on a ramp that intruded into a stairway at the defendant’s premises. The plaintiff alleged that the defendant was negligent in maintaining the ramp and failing to warn of its presence, which led to his injuries. The case was heard in the Supreme Court of Victoria.

The legal issues before the court were whether the ramp created a foreseeable risk of injury to users of the stairway, if the ramp was a cause of the plaintiff’s injuries, and whether the defendant’s failure to remove the ramp or warn of its presence constituted a breach of the required standard of care. The court had to consider the principles of occupier’s liability under the Wrongs Act 1958, specifically section 14B, which governs the duty of care owed by an occupier to lawful visitors.

The court held that the ramp did create a foreseeable risk of injury, as it was an unexpected obstruction in a stairway commonly used by pedestrians. The court further determined that the ramp was a significant contributing factor to the plaintiff’s fall and subsequent injuries. The court found that the defendant had failed to exercise reasonable care by not removing the ramp or providing adequate warning of its presence, thereby breaching the standard of care required under the statute. Consequently, the court ruled in favour of the plaintiff.

The court ordered Wadren Pty Ltd to pay damages to Mr. Raciti for his injuries, along with costs of the proceedings. The specific amount of damages was to be determined in a subsequent assessment.