Whitton v State of NSW

The plaintiff, a teacher, brought proceedings against the State of New South Wales, alleging negligence. The dispute arose from an injury sustained when the plaintiff's foot became caught in a loose cable while she was rising from a chair at a computer table in a school classroom, causing her to fall. The plaintiff had previously complained to the School Principal about the cable.

The Court of Appeal was required to determine whether the risk of injury from the loose cable was foreseeable, whether the Principal's knowledge of the risk and the actions taken (or not taken) constituted a breach of the duty of care owed to the plaintiff, and whether the injury suffered was a reasonably foreseeable consequence of any such breach.

The court found that the risk of injury was both foreseeable and had been foreseen by the Principal, evidenced by the plaintiff's prior complaints. However, the court held that the Principal's response to the foreseen risk was not reasonably adequate, constituting a breach of the duty of care. The legal principle applied was that an employer owes a duty to take reasonable steps to prevent foreseeable harm to its employees, and the adequacy of the employer's response must be assessed in light of the foreseeable risk.

The appeal was allowed with costs, and the judgment for damages was to be assessed by the District Court.