Wyoming Nursing Home Pty Ltd v Palazzotto

Wyoming Nursing Home Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the appellant's liability for injuries sustained by the respondent, Mr. Palazzotto, who had fallen from a balcony at the nursing home. The respondent had been a resident at the nursing home and had allegedly suffered injuries as a result of the fall.

The primary legal issues before the Court of Appeal were whether the appellant had breached its duty of care to the respondent, and if so, whether that breach had caused the respondent's injuries. The court was required to consider the standard of care owed by a nursing home to its residents, particularly in relation to the safety of their accommodation, and to assess whether the appellant had taken reasonable steps to prevent foreseeable harm.

The Court of Appeal found that the appellant had breached its duty of care. The court reasoned that the nursing home had a responsibility to ensure the safety of its residents, including those with potential cognitive impairments or a tendency to wander. The design of the balcony, specifically the low height of the balustrade and the presence of a chair nearby, created a foreseeable risk of a resident falling. The appellant had failed to implement adequate measures to mitigate this risk, such as increasing the height of the balustrade or removing the chair. Consequently, the court held the appellant liable for the respondent's injuries.