Hornsby Shire Council v Salman [2024] NSWCA 155 – Case summary

Public liability cases, such as trip and falls, which occur in areas under the care of Local Council's come with additional challenges because of the protections available under section 45 of the Civil Liability Act 2002 (NSW). Under the Act, the liability of public authorities (Local Council), is limited in personal injury cases unless it can be shown that they had actual knowledge of the particular risk prior to the incident.

This was recently decided by the Court of Appeal in the case of Hornsby Shire Council v Salman [2024].

Background

In this case, the Plaintiff, Ms Salman was walking with her nephew in a children's playground in the Hornsby Shire Council area. She was walking over ground covered in mulch around a rubber surface that you would commonly see around a playground.