Personal Injury Claim – Slip and Fall
The recent NSW case of Sutherland Shire Council v Safar  concerns a slip and fall personal injury claim. In this case, the injured person slipped on water on the floor of an entertainment centre owned by the defendant. When the case first went to court, it was held that the owner of the centre was liable because the water on the floor was likely to have come from umbrellas. The centre owner had made no provision for wet umbrellas, but which could reasonably been have expected to given that it was raining outside.
The owner of the centre appealed against that decision. However, their Appeal was dismissed on the basis that they had breached their duty of care as an Occupier. This was because they had not taken reasonable steps to control patrons bringing in wet umbrellas and coats into the auditorium or at least minimise the risk which arose from this.