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ARTICLE · 26 NOVEMBER 2008

A Plaintiff´s Plight And A Perilous Path

Cooper Grace Ward
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The Queensland Court of Appeal has recently refused the appeal of Ms Noela Anderson to challenge the findings of the Magistrates and District Court of Queensland that found no breach of duty by a local Council...

AustraliaLitigation, Mediation & Arbitration
Tony Park
Tony Park
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The Queensland Court of Appeal has recently refused the appeal of Ms Noela Anderson to challenge the findings of the Magistrates and District Court of Queensland that found no breach of duty by a local Council in failing to ensure that a service pit cover was flush with the surrounding ground after the plaintiff sustained personal injury arising from a trip and fall in October 2000.

The facts

The plaintiff tripped and fell on the lid of a service pit, located adjacent to a concrete path. The lid of the pit was raised approximately 2.5cm above the ground. The accident occurred in daylight with nothing obscuring the protrusion. It was plain for her to see. She had personal knowledge of the area.

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