This article is co-authored by Jasdev Singh, Lawyer,
Kott Gunning
The New South Wales Court of Appeal handed down a decision on 13
April 2015 in the matter of Metaxoulis v McDonalds Australia
Ltd1. The successful appeal by the Plaintiff
overturned the original findings made in favour of the
Defendant.
The principle established on appeal was that if an occupier
negligently compromises the safety of an individual who is on their
property, then the occupier could potentially be liable, for the
injuries suffered to the individual and anyone else that comes to
their aid.
Background
On 31 July 2010, the Plaintiff, Mr Konstantinos Metaxoulis went
to the aid of a child who got stuck whilst playing on the exterior
surfaces of the playground equipment at a McDonalds restaurant.
After assisting the child off the equipment, Mr Metaxoulis slipped
and fell off the structure suffering injuries to his ribs and
aggravating a wrist injury.
