10 Jun 2012
Slip and Fall on Pedestrian Crossing – Sections 5B, 5C and 5D of the Civil Liability Act considered
Garzo v Liverpool/Campbelltown Christian School  NSWCA 151
NSW Court of Appeal
- Section 5B of the Civil Liability Act 2002 (the Act) requires identification of a risk of harm, against which a person has failed to take precautions.
- The question which s 5B requires to be answered favourably to the plaintiff is whether in the face of a risk of harm which was foreseeable and not insignificant, a reasonable person in the defendant’s position would have taken those precautions having regard to, among other relevant things, the considerations in s 5B(2) of the Act.
- In determining whether a risk is “not insignificant” it is necessary to consider the probability that a fall may occur and whether serious harm could result from such a fall. Once it is accepted that the relevant risk of harm was foreseeable, it is a short step to…