People injured in local council facilities could be assisted by the recent determination of a claim against Wollongong City Council. The RMB Compensation Division explains.
The case of Wollongong City Council v Williams puts local governments on notice that they should carry out appropriate hazard identification and risk assessments of their facilities and parks.
In the case, the NSW Court of Appeal confirmed an earlier decision of the District Court and ordered Council to pay substantial damages to a man who fell on the first of three steps of a pathway at Mt Keira Summit Park.
The plaintiff was a disability worker who followed a client rushing towards the bathroom. The plaintiff’s evidence was that he walked towards the bathroom not thinking about steps as the path led to a disabled toilet. The plaintiff tripped, sustaining serious injury to his wrist and elbow that required multiple surgeries and extensive rehabilitation.
The fight for compensation was lengthy and hard-fought. The plaintiff said he simply did not see the step.
Two experts agreed that a single step in a pedestrian area is a potential hazard if it is not marked by adequate visual cues. The Court accepted that if precautions had been taken to make the steps more visible then it could also be reasonably inferred that the plaintiff would have been aware of them when he looked in the direction of the pathway.
The Court of Appeal ultimately accepted that the risk of falling on the stepped pathway would not have been obvious to a reasonable person in the position of the plaintiff who had not previously used that pathway.
The Court also rejected the trial Judge’s findings to reduce the damages awarded by 15% to account for the plaintiff’s contributary negligence. Justice Lucy McCallum reasoned: “his only fault was that he did not happen to look down towards his feet as opposed to looking ahead in the direction in which he was walking”.
The decision reinforces that an occupier of a park does not have a duty to keep a path safe in all circumstances for all users but rather should take reasonable steps to ensure the path is safe for users exercising reasonable care for their own safety.
Council’s Application for Special Leave to Appeal to the High Court was unsuccessful.
Public authorities defend liability claims vigorously. RMB Lawyers has decades of experience in interpreting that law and obtaining just and fair compensation for injured parties. Your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.