What happened

The driver said he descended the steps of his parked prime mover and then put his foot into an open drain at the company's commercial premises. The company maintained that he jumped, but the trial judge accepted his account after considering the security footage and testimony. The judge found the company negligent and reduced damages by 10% for contributory negligence.

The issues

The company challenged the findings about the hazard and the manner of the fall, the apportionment and the damages assessment. It also argued that earlier health conditions and the prospect of business failure had not been adequately reflected in past and future economic loss.

The court's decision

The appeal was dismissed with costs, leaving the trial damages judgment of AUD 313,175 in place. People walking through the unloading area had no reason to expect the missing grate, and the company had not shown that the 10% contributory negligence allowance was too low. Its arguments about earlier conditions and the surgical prognosis also failed to establish error in the damages assessment.

Understanding the figures

AUD 313,175 was the trial damages judgment following the 10% contributory negligence apportionment and was left undisturbed on appeal. Trial and appeal costs were separate. No unreported pre-apportionment total or net receipt is inferred.

What this case shows

The decision illustrates an occupier's responsibility for an unexpected walking hazard within commercial working premises. The existence of video did not remove the significance of credibility findings tested against objective evidence, and the appellant still needed to demonstrate error.

Why another case may differ

This was an appeal concerning a premises occupier, not a determination of statutory workers compensation benefits or employer liability. The arguments about earlier conditions turned on the evidence and how the appeal had been framed. Neither the 10% reduction nor the damages figure supplies a standard outcome for another drain accident.

Applying it to your claim

Different facts, evidence or procedures, an appeal, or a change in the law may affect how this decision applies. This is general information, not a report of a case handled by Park & Co Lawyers.

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