In slip and fall cases under the Civil Liability Act 2002 (NSW), the risk of harm must be identified with precision by reference to the nature of the surface on which the plaintiff slipped, not merely as a 'slippery surface' at a high level of generality. A plaintiff who cannot explain why they slipped, and whose expert evidence attributes the fall to mechanics rather than surface conditions, will fail to establish breach and causation. Where the alleged breach is failure to maintain a cleaning system, the plaintiff must adduce evidence of what system was required and that such a system would have prevented the condition existing at the time of the fall.
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