A Bump In The Road: Strata Owners Held Liable Over Speed Hump

In this recent decision, the Court of Appeal addressed the concept of 'obvious risk' under the Civil Liability Act 2002 (NSW) and its implications for liability and insured parties.

In issue

• The key issue before the Court was whether the unpainted speed hump in a car park constituted an ‘obvious risk’ for the purpose of section 5F of the Civil Liability Act 2002 (NSW) (CLA), which is defined as one that would be apparent to a reasonable person in the position of the injured party, even if the risk is not prominent or observable and even if it has a low probability of occurring. Other issues included the lighting at the time of the fall, the findings of breach and causation, the failure to find contributory negligence, and two aspects of the assessment of damages.