Skip to content

Duty of care to a rescuer August 26, 2015

EVIDENCE – admissibility and relevance – expert opinion – expert conceded lack of expertise in specific field – report admitted “provisionally” – whether the report rejected and then improperly relied on by the trial judge
NEGLIGENCE – breach of duty – rescuer injured – respondent provided an enclosed playground area at its premises – respondent knew that playing in the back area of the playground was dangerous and that children used to go there – a small child entered the back area of the playground and got stuck on the equipment – entrance to the area was through a gate which had no warning on it nor a secure lock – appellant fell after rescuing the child – whether respondent breached duty of care by failing to provide a system preventing unauthorised access by children to the back area

Metaxoulis v McDonald’s Australia Ltd [2015] NSWCA 95

Related Articles:

Appointment of silk in NSW: declaratory relief

Administrative Law: No need for a "genuine (medical) dispute" under MACA

Appeals – orders not reasons

A summary of the principles governing the review of an administrative decision




Social Media

Subscribe to the weekly newsletter

Please enter your name.
Please enter a valid email address.
Something went wrong. Please check your entries and try again.
Social Media Auto Publish Powered By :
Scroll To Top