Tag: obvious risk
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Wollongong City Council v Williams [2021] NSWCA 140
TORTS — Negligence — Appellant injured as a result of falling on the first step on a stepped path in a park — Whether the primary judge erred in finding that the appellant had breached the duty of care which it owed to the respondent — Primary judge found the respondent to be a witness…
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Obvious risk: framing the relevant risk
Cox v Mid-Coast Council [2021] NSWCA 190 It was not appropriate specificallyto identify the Ferris wheel in the characterisation of the risk of harm: at [1] (Meagher JA); [41]-[42] (Payne JA); [85] (Emmett AJA). Although the risk of harm must be identified with sufficient specificity to capture the harm which resulted from its materialisation on the facts of…
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Obviousness & contributory negligence
Wollongong City Council v Williams [2021] NSWCA 140 TORTS — Negligence — Appellant injured as a result of falling on the first step on a stepped path in a park — Whether the primary judge erred in finding that the appellant had breached the duty of care which it owed to the respondent — Primary…
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Horses, consumer law, dangerous recreational activities
Menz v Wagga Wagga Show Society Inc [2020] NSWCA 65 Leeming JA: The claim under the Australian Consumer Law At [94]-[104], the primary judge rejected the allegations for contravention of s 60 of the Australian Consumer Law, which provides that: “If a person supplies, in trade or commerce, services to a consumer, there is a…
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Obvious and insignificant risk resulting from unevenness in surface
In 2015 the appellant, then aged 70, tripped outside the entrance to an aged care facility operated by the respondent. The surface of that area consisted of large, flat concrete slabs bordered by rows of red bricks. There were height differences of 10–20 mm between the edges of the concrete and brick pavers, which had…
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