Occupier Liable For Fall Due To Step And Glare, Despite Prior Accident-Free History

Jandson Pty Limited v Welsh [2008] NSWCA 317

In Brief

The majority of the NSW Court of Appeal upheld the trial judge's findings in favour of the plaintiff on the basis that the absence of visual cues to the change in levels in a display house constituted a not insignificant risk of injury.

Background Circumstances

On 14 January 2006 the plaintiff was injured when she fell on to a timbered area of the floor in a display house owned and occupied by the defendant for commercial purposes. The house was in a Display Centre at Kellyville.

The plaintiff and her husband went to the display house on a bright and sunny day. The plaintiff said that there was a lot of light coming from the rear of the house into the timber floored area making the flooring shine. As she walked in she saw to her left side a table with a lamp on it in the lounge room. She walked from the entryway which was tiled and across the carpet. She began walking towards the timber floored area.