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ARTICLE · 19 OCTOBER 2009

The High Court On Negligence : Absolute Liability Is Out - Reasonableness Is King

DLA Piper Australia
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Last week the High Court of Australia handed down a decision in a negligence case that holds major implications for defendants, public authorities and their insurers.

AustraliaInsurance
Grant Hooper
Grant Hooper

Last week the High Court of Australia handed down a decision in a negligence case that holds major implications for defendants, public authorities and their insurers. The decision stressed that in negligence cases the concept of reasonable forseeability at each stage of the liability analysis needs to be considered by a court. The judgment also has wider ramifications as it acts as a timely reminder to lower courts that just because an accident occurred, no matter how tragic, it may not be someone's fault.

Sydney Water Corporation v Maria Turano & Anor [2009] HCA 42 concerned a claim against Sydney Water for the death of a driver whose car was hit in 2001 by a tree during a violent storm. It was alleged the positioning of a Sydney Water main (laid in 1981) had caused damage to the tree's roots causing it to be blown over.

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