Homeowners Win Appeal Over Bunk Bed Negligence

Shaw v Thomas [2010] NSWCA 169

Facts

The plaintiff sustained head injuries when he fell whilst descending from the top level of a bunk bed at the defendants' home. He was 10 years old at the time.

The plaintiff was at the defendants' home for a sleep-over. He was a friend of the defendants' youngest son, Joel. The plaintiff slept in the lower bunk. Joel slept in the top bunk.

On the morning of the accident the plaintiff used the end of the bed to climb onto the top bunk, as he had done before. He and Joel talked for a while. The plaintiff sat not far from Joel's head, with his legs dangling over the side of the bed.

There was differing evidence as to what then occurred. The plaintiff said that he tried to climb down using a chest of drawers situated next to the bed as a step. He slipped on the chest of drawers and fell. He said he was scared whilst climbing down. Joel said the plaintiff dropped his feet onto the chest of the drawers, stood up, said