Strath v State of New South Wales

The case of Strath v State of New South Wales involved the parents of a child who suffered a head injury from a fall from playground equipment on school grounds during non-school hours. The plaintiffs argued that the state was negligent in maintaining the equipment, leading to their child’s injuries. They sought damages for the impact of the injury on their child’s life, including the exacerbation of pre-existing intellectual deficits. The state contested the claim, asserting that it had taken reasonable steps to ensure the safety of the premises and that the injuries were not a direct result of its negligence.

The central legal issues before the court were whether the state owed a duty of care to the child under the circumstances and, if so, whether this duty was breached, leading to the injuries. Additionally, the court had to assess the extent to which the pre-existing intellectual deficits affected the child’s capacity to earn in the future and how the accident exacerbated these deficits.

The court held that the state owed a duty of care to individuals using the school grounds, even outside of school hours. The state was found to have breached this duty by failing to adequately maintain the playground equipment, which directly contributed to the child's injuries. The court considered the evidence regarding the child's pre-existing intellectual deficits and how the accident had affected his residual earning capacity. It found that the child’s ability to earn in the future was significantly diminished due to the accident, awarding damages that reflected this impact.

The court ordered the state to pay damages to the plaintiffs, recognising the severe effect of the injuries on the child’s life and future potential. The judgment emphasised the importance of maintaining safe environments even when the premises are not in active use, highlighting the state’s responsibility to ensure public safety.