No liability found for injury where glass panel did not meet current Australian standards

Smith v Body Corporate for Professional Suites Community Title Scheme 14487 [2013] QCA 80

The Queensland Court of Appeal has rejected a claim of negligence against a body corporate for injuries sustained by a woman who fell through glass in the foyer of a building.

The glass panel complied with the relevant Australian standards in place at the time of the original construction of the building in 1971. Later standards only permitted the installation of safety glass, and provided that if existing glass was replaced for any reason then the replacement glass should comply with the current standard.

During renovations in 2000 and 2001, some glass in the building was replaced with safety glass. The glass panel through which Ms Smith fell was not replaced during the renovations. The architect's plans for the renovations did not alert the body corporate to the relevant Australian standards applicable to installing glass.