Stenning v Sanig

The Court of Appeal of New South Wales considered an appeal concerning a slip and fall incident where the appellant, Mr. Stenning, suffered injuries after slipping on a step. The respondent, Sanig Pty Ltd, was the occupier of the premises where the incident occurred. Mr. Stenning alleged that Sanig Pty Ltd was negligent in failing to adequately address a known risk of the step being slippery.

The primary legal issues before the court were whether Sanig Pty Ltd had breached its duty of care to Mr. Stenning by failing to take reasonable precautions against the known slippery condition of the step, and whether Mr. Stenning had been contributorily negligent by failing to keep a proper lookout. The court was also required to determine if the damages awarded for future assistance were excessive and required reassessment.

The court found that Sanig Pty Ltd was aware that the step was slippery and that the measures taken, namely placing carpet squares on the steps, did not constitute an adequate response to the known risk. Consequently, liability was established. However, the court also found that Mr. Stenning had failed to keep a proper lookout, leading to a finding of contributory negligence under section 5R of the *Civil Liability Act 2002* (NSW). The court further determined that the initial award for future assistance was excessive and re-assessed the damages accordingly.

The Court of Appeal set aside the judgment entered in favour of the respondent on 22 September 2014 and, in lieu thereof, entered judgment for the respondent in the amount of $539,692.78. Subject to any application for a special costs order, there was no order for the costs of the appeal.