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ARTICLE · 08 MARCH 2015

Successfully defending against breach of duty in slip/fall cases

A robust system in place, with evidence of adequate enforcement of that system, can be paramount to an effective defence.

AustraliaInsurance
Focus: Defending against liability claims
Services: Insurance
Industry Focus: Insurance

A recent case we successfully defended has provided reinforcement and guidance to employers regarding what needs to be proven by a plaintiff if they are to succeed in slip/fall cases. The outcome demonstrated that having a robust system in place, together with evidence of adequate enforcement of the system, can be paramount to effectively defend against liability claims.

While this case involved an employer-employee relationship, the issues considered by the court are also applicable for slip/fall claims to matters in the public liability sphere.

The case

The plaintiff, a casual weekend sales assistant, alleged that she suffered a personal injury during a fall at her employer's premises when she stepped on "an object or something". Although she had various hypotheses that it was gravel, a stone or a pebble, the plaintiff was never able to

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