- Slip
- Contributory negligence
- Duty of care
- Foreseeable risk
In the following Alert, Senior Associate Jacqi Marshall and
Solicitor Melissa McGarrity discuss the NSW Court of Appeal
decision of Stenning v Sanig [2015] NSWCA 214, upholding
the trial judge's decision with respect to breach of duty of
care, but reducing the damages awarded to the Respondent for
contributory negligence.
The facts
The Appellant, a man in his nineties, was regularly visited by
the Respondent who assisted the Appellant with his ailing
health.
The Appellant had previously installed a set of three steps made
from "Caesarstone" on a path leading from his home to the
street, which also included a handrail. The Appellant had slipped
on the steps several months after installing them and took some
remedial action by placing squares of carpet in the middle of the
steps, leaving a small gap at either side of the steps.
