Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 3 February 2018.
Sally takes her daughter to a dance eisteddfod at an auditorium owned by a local Council.
There had been heavy rain on the morning of the function and when Sally walks into the auditorium, she slips on a substantial amount of water which had been dropped-off umbrellas and onto the wooden floor.
Unfortunately, Sally receives a severe fracture to her knee, necessitating a total knee replacement.
Sally’s solicitor makes a personal injury claim after Sally’s injury stabilises, 18 months after her accident.
The local Council’s insurance company defends the claim.
The matter goes to Court and the Court finds that the risk of patrons slipping on the wet floor was foreseeable and there was a significant prospect of serious injury resulting from a person slipping, as happened to Sally.
The Court states that it was reasonable to expect for the Council to have provided umbrella bins and ensured that these were located near the entrance to the auditorium.
The Court also states that the bins should have been clearly marked with a request not to take wet umbrellas into the auditorium, but to instead deposit them in the bin.
As well, a coat-check facility should have been made available nearby and identified by signage. To enforce these precautions the Council should have required an usher to direct, or at least request, patrons to use these facilities.
The Court ultimately enters judgement against the Council and damages are awarded to Sally for her injury which included damages for non-economic loss, being her pain and suffering, and damages for economic loss, being her loss of wages in the past and future, together with other damages for past and future medical expenses.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
