Burden on occupier remains key in breach of duty assessments

In the recent decision of Athaniel Corbett by next friend Debra Todd v Town of Port Hedland [2024] WASCA 9, the Western Australian Court of Appeal of determined the reasonableness of alleged precautions to guard against foreseeable and not insignificant risks of harm by focusing on the practical burdens on occupiers.

Background

A two-year-old boy sustained serious crush injuries, resulting in the amputation of four fingers, after his left hand was caught between a metal post and an unlocked gate on which he was swinging at the Port Hedland Racecourse (Premises). The Premises were occupied and controlled by the Town of Port Hedland (Town).

The gate was part of the outer barrier of the Premises. It provided vehicular access onto the horse running track when opened. The gate was not locked and could swing both backwards and forwards. The two-year old and his siblings were playing in an open area adjacent to the gate. They were being supervised by his grandmother