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Submitted by smileitsme on March 30, 2008
Category: Miscellaneous
Words: 1205 | Pages: 5
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Dear Mr Theirry,
After perusal of the facts at hand I am advising you of the possible tort actions that may arise from your situation. These actions are as follows:
Theirry v Sydney City Council
Negligence
A duty of care was owed to the plaintiff (Theirry) as it was reasonably foreseeable that omitting to put up proper safety precautions (nets, proper railings) could result in injury or damage to the plaintiff. Refer to Waverly Council v Swain (2002) . The defendant (Sydney City Council) was happy to have these premises used therefore owed the plaintiff a duty of care.
By not taking proper safety precautions the defendant has breached their duty of care. As the risk of injury to the plaintiff was foreseeable with a reasonable likelihood of the injury occurring. The defendants’ omission to take precautions against this foreseeable injury is in breach of their duty of care. See Hackshaw v Shaw , as a reasonable person could have foreseen the possibility of harm and taken steps to avoid it.
It is reasonable to say that the injuries sustained by the plaintiff probably would not have occurred but for the omission on behalf of the defendant. Had the defendant not been negligent the harm to the plaintiff may not have occurred. The fall from the building and the subsequent injury to the plaintiffs knee are a direct result of inadequate precautionary measures taken by the defendant in a place where the defendant was fully aware of the activity taking place. See Nagle v Rottnest Island Authority (1993) . The defendant used the competition as a promotional tool for tourism and was thereby promoting the activity that was to take place.
It is my professional opinion that the Plaintiff was to some extent contributory negligent in accordance with section 5 of the Civil Liability act 2002 . In failing to take precautions against the risk of the harm. While the defendants omission...
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