Thomas v Shaw

Thomas brought a claim against Shaw for injuries sustained by Thomas' son, a ten-year-old child, who fell from a bunk bed during a sleepover at Shaw's home. The bunk bed did not have a guardrail or ladder, despite the requirement of an Australian Standard for such safety measures. The Federal Circuit and Family Court of Australia was tasked with determining liability and damages in this negligence action.

The court considered whether Shaw breached the duty of care owed to the child by not installing the guardrail and ladder, whether the accident was foreseeable and preventable, and whether causation was established. It also assessed the extent of the child's injuries and the resulting damages. The court found that Shaw breached the duty of care by not complying with the Australian Standard, and that the accident was foreseeable and preventable. The child's injuries, which included significant physical harm and potential organic brain damage or psychiatric illness, were deemed to have been caused by the fall.

The court awarded damages to the child, recognising the severity of the injuries and their impact on the child's life, including the potential for a 50% reduction in the worst-case scenario. The child's withdrawal from school and the consequent loss of earning capacity were also considered in the damages assessment. The court ordered Shaw to pay the awarded damages to Thomas for the injuries sustained by the child.