Rankilor v City of South Perth

The matter before the court involved an appellant who had fallen and sustained injuries after tripping on a raised edge of a paver on a footpath. The appellant claimed that the raised edge was caused by tree roots and that the respondent, the City of South Perth, was negligent in failing to inspect the footpath for such hazards. The court was tasked with determining whether the respondent breached its duty of care to maintain a reasonably safe footpath for ordinary use. The court had to consider the frequency of inspections and whether it was reasonable under the circumstances.

The central legal issue was whether the respondent had a duty to inspect the footpath more frequently than every 12 to 14 months, given the known issue of tree roots causing raised edges. The court also had to assess whether the respondent's failure to inspect more frequently constituted a breach of duty, and if such a breach led to the appellant's injuries. Additionally, the court needed to evaluate whether the footpath was reasonably safe under the circumstances and whether the appellant's own actions contributed to the accident.

The court found that the respondent had not breached its duty of care. It determined that the frequency of inspections, which occurred every 12 to 14 months, was reasonable given the nature of the footpath and the known risks. The court also held that the appellant's own actions, particularly walking in a shaded area without proper lighting, contributed to the accident. Consequently, the appeal was dismissed, and the respondent's liability was not established.