Steiner v Commissioner for Main Roads

In *Steiner v Commissioner for Main Roads* [1990] NSWCA 172, the New South Wales Court of Appeal considered an appeal by the plaintiff, Steiner, against the decision of the trial judge who had dismissed his claim for damages for negligence. The dispute arose from injuries sustained by Steiner when a motor vehicle he was travelling in collided with a concrete barrier erected by the Commissioner for Main Roads. Steiner alleged that the Commissioner was negligent in the design, construction, and placement of the barrier.

The central legal issues before the Court of Appeal were whether the Commissioner owed a duty of care to road users in relation to the design and placement of the concrete barrier, and if so, whether that duty had been breached. The court was required to determine if the Commissioner had taken reasonable steps to prevent foreseeable harm to individuals like Steiner, who might be injured as a result of the barrier's presence on the road.

The Court of Appeal, applying principles of negligence, found that the Commissioner did owe a duty of care to road users to ensure that barriers erected on public roads were designed, constructed, and placed with reasonable care. However, the court held that the evidence did not establish a breach of this duty. The court reasoned that the barrier was a standard design, erected in accordance with accepted engineering practices at the time, and that the Commissioner had taken reasonable precautions to mitigate risks associated with its presence. The trial judge's finding that the Commissioner had not been negligent was upheld.