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ARTICLE · 01 SEPTEMBER 2012

No lights in car park – trip and fall

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The Court found that the Council breached its duty of care and the plaintiff was not guilty of contributory negligence.

AustraliaInsurance
Iain Miller
Iain Miller

Upper Lachlan Shire Council v Rodgers [2012] NSWCA 259

Judgment date: 23 August 2012

Jurisdiction: New South Wales Court of Appeal1

In Brief

  • Section 5B of the Civil Liability Act 2002 (the CLA)needs to be considered in determining negligence. However, this may be implicitly done by reference to how a trial is fought by competent counsel.
  • Obviousness of a risk is a factor that may be taken into account when considering the response of a reasonable person.
  • The standard of care required of a person who suffered harm is that of a reasonable person in the position of that person as required by s 5R of the CLA. The same principles are applied as when determining breach of duty under s 5B(1) of the CLA.

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