A Step Too Far: Widening The Scope Of Liability?

In a recent district court decision¹, it was held that the rape of a woman was causally connected to the fact that she had broken her ankle weeks earlier at a CityRail station. As a result the defendant, the State Rail Authority of New South Wales (SRA), was held liable and damages awarded to the plaintiff.

The damages awarded were, in part, for the physical injuries and economic loss sustained as a result of the fall itself. There is of course nothing unusual in that. However, what makes the case exceptional is that an amount was awarded for the psychological harm caused to the plaintiff as a result of the rape (which was perpetrated by a private individual in no way connected to SRA and occurred weeks after the fall at a location not under the control of SRA).