Where a steep driveway surfaced with exposed river stones is the sole access to premises used for commercial accommodation, the occupier's failure to install handrails or provide alternative access constitutes a breach of duty under s 5B of the Civil Liability Act 2002 (NSW). The availability of alternative access to premises is an important factor in assessing whether an occupier has taken reasonable precautions. Expert evidence on slip resistance should focus on the most slippery areas of a surface rather than random sampling, as averaging across variable surfaces is of little value.
The full text is available to signed-in members.