Baker v Gilbert & 2 Ors

[2003] NSWCA 113

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Occupier's liability
3. › Duty of care owed to visitors
4. › Measure of discharge of duty
5. › Whether duty to inspect and maintain
6. › Whether circumstances would alert reasonable person to danger from defect
7. › Whether occupier discharged duty of care
1. Appeal
2. › Appeal from District Court
3. › Challenge to findings of fact
4. › Whether factual findings supported by evidence

Quick Take

There is no rule of law exempting householders from a duty to inspect their premises for defects dangerous to visitors. The observations in Short v Barrett and Stannus v Graham are merely guidelines to be applied in determining what a reasonable person would do in responding to foreseeable risk. Where circumstances would alert a reasonable person to the danger from a defect — even if the occupier does not have actual knowledge of the defect — the occupier must inspect and remedy the defect.