Capers v Vic

[2011] VSCA 97

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Employer's liability
4. › Workplace safety
5. › Slip and fall on stairs
6. › Whether employer breached duty of care by failing to fit slip-resistant strips
7. › Whether risk of injury was foreseeable and not insignificant
8. › Wyong Shire Council v Shirt calculus
1. Appeal
2. › Appeal from jury verdict
3. › Standard of appellate review
4. › Whether verdict unreasonable or against the weight of evidence
5. › Whether evidence compelled conclusion favourable to appellant
6. › Appellate court must take view of evidence most favourable to respondent

Quick Take

A jury verdict finding no employer negligence in a workplace slip-and-fall case will not be overturned on appeal where the plaintiff's account of the accident was challenged by inconsistent prior statements and a credit attack, even where expert evidence could explain the mechanism of the fall and subsequent remedial measures were taken. The Shirt calculus does not compel a finding of breach where the probability of the risk materialising was very low, as evidenced by years of incident-free use by many people.