SUPREME COURT OF SOUTH AUSTRALIA
(Full Court)
RAGNELLI v DAVID JONES (ADELAIDE) PTY LTD & ANOR
Judgment of The Full Court
(The Honourable Chief Justice Doyle, The Honourable Justice Duggan and The Honourable Justice Gray)
2 December 2004
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - SPECIAL RELATIONSHIPS AND DUTIES - OCCUPIERS
Appeal against decision of Judge of the District Court dismissing a claim for damages - appellant suffered injury as a result of falling down a flight of stairs at the first respondent's department store - oily substance present on marble stairs leading down to a food hall - trial Judge found that first respondent owed the appellant a duty of care but that duty had not been breached - both respondents held not liable in negligence for damages - appeal on grounds that trial Judge erred in finding no breach of duty - consideration of cleaning contract between first and second respondents - consideration of occupier liability under statute and common law - consideration of standard of care owed by owner of a department store to members of the public - consideration of adequate cleaning and inspection systems - consideration of principles of breach of duty - consideration of principles of causation.
Held:- duty of care owed by first respondent to all entrants - standard of care heightened by commercial activities conducted on the premises and the nature and extent of the risk of danger - system of cleaning and inspection in place inadequate - failure to remove oily subtsance from stairs - breach of duty of care by first respondent - injury reasonably forseeable - causation established - first respondent liable in negligence for damages - appeal allowed - appellant entitled to judgment against the first respondent in the amount of $224,818.95 - plaintiff's claim against second respondent and claims for contribution between the respondents remitted to trial Judge for determination.
Wrongs Act 1936 (SA) Part 1 B; Civil Liability Act 1936 (SA) s 20, referred to.
Brady v Girvan Bros Pty Ltd (1986) 7 NSWLR 241; Kocis v S. E. Dickens Pty Ltd [1998] 3 VR 408; Chappel v Hart (1998) 195 CLR 232; Van de Heurval v Tucker (2003) 85 SASR 512; Kelly v Lend Lease Retail Pty Ltd (1993) 113 FLR 21; Franklins Ltd v Hunter [1998] NSWSC 239; Allcorp Cleaning Services Pty Ltd v Fairweather [1998] NSWSC 291; Dulhunty v J B Young Ltd (1975) 50 ALJR 150; Hackshaw v Shaw (1984) 155 CLR 614; Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479; Wyong Shire Council v Shirt (1980) 146 CLR 40; Tame v New South Wales (2002) 211 CLR 317; Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540; Drakos v Woolworths (SA) Ltd (1991) 56 SASR 431; Griffin v Coles Myer Ltd [1992] 2 Qd R 478; Drotem Pty Ltd v Mannig [2000] NSWSC 320;
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- Case
- [2004] SASC 393
- Decision Date
CaseChat Overview and Summary
The court examined the evidence presented by both parties. Mr. Ragnelli provided testimony that he found an oily substance on the stairs shortly after the incident, which he believed caused his wife to slip. In contrast, Ms. Donato, a David Jones employee, testified that there was no oily substance present and that the area was safe. The trial judge accepted Mr. Ragnelli’s evidence over Ms. Donato’s, despite the latter's immediate presence and actions following the fall. The court concluded that Mr. Ragnelli’s evidence was not improbable and was supported by the circumstances. The court also rejected the argument that failure to cross-examine Ms. Donato about her inaction regarding the alleged oil precluded acceptance of Mr. Ragnelli’s evidence. The court found that the presence of an oily substance, though not definitively proven, was more probable than not, leading to Mrs. Ragnelli's fall. The court further reasoned that the absence of a reasonable system for inspecting and cleaning the premises, considering the expected hazards, made it probable that the fall would have been avoided if such a system had been in place.
The appeal was allowed, and the orders proposed by Gray J were adopted. The court held that David Jones was liable for Mrs. Ragnelli’s injuries due to its failure to maintain a safe environment. The reasoning followed the established legal principles that if no reasonable inspection and cleaning system was in place, and the evidence suggested that such a system would likely have prevented the accident, then causation could be inferred. The frequency of inspections was considered a crucial factor, with the court determining that in a place where spillages are common, more frequent inspections might be necessary. The final orders reflected the court's decision that David Jones was liable for the injuries sustained by Mrs. Ragnelli.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: DOYLE CJ, DUGGAN J
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