Occupiers liability – Injured on premises belonging to someone else. What is next?

It is not uncommon for individuals to suffer an injury in a public or private area, whether that be a park, shop, footpath, restaurant, residential home or recreational facility. But can a compensation claim always arise?

The answer to that question involves a careful analysis of the circumstances surrounding the accident, and whether someone (either an individual or a corporation) can actually be held responsible. That analysis was recently undertaken in the New South Wales District Court decision of Powell v JFIT Holdings Pty Ltd t/as New Dimensions Health and Fitness Centre  [2020] NSWDC 264.  In that case, the Plaintiff was awarded damages in the sum of $551,097.62 for an injury she sustained during an afternoon gym training session.