Contributory Negligence: The law helps those that help themselves (and reduces damages for those that don't)

A recent decision in the New South Wales Supreme Court saw the plaintiff sue a church in relation to injuries she sustained after falling down a flight of stairs.

Despite her success, the court reduced the damages payable to the plaintiff by 50% for contributory negligence.

In this alert, Solicitor Matthew Boyce and Senior Associate Jacqi Marshall discuss the recent decision of the New South Wales Supreme Court in Alzawy v Coptic Orthodox Church Diocese of Sydney, St Mary and St Merkorious Church (No. 2) [2016] NSWSC 1123.

Facts

On 3 January 2013, the plaintiff attended a bible study group which met in a building on the grounds of the Church of St Mary and Merkorious in Sydney. After the meeting the plaintiff descended a flight of stairs on the premises. The staircase consisted of 16 tiled steps with "nose tiles" laid on the outer edge of each tread and a handrail along the entire length.