Posts Tagged ‘obvious risk’
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…
Read MoreSlip and fall on public boat ramp
Bowman v Nambucca Shire Council [2020] NSWSC 1121 The plaintiff brought negligence proceedings against Nambucca Shire Council relating to a slip and fall occurring on 22 February 2015 on the Scotts Head Marine Boat Ramp at Forster Beach, Scotts Head. The defendant had the care, control and management of a boat ramp. The boat ramp was constructed with the…
Read MoreHorses, consumer law, dangerous recreational activities
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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