JFIT Holdings Pty Ltd t/as New Dimensions Health & Fitness v Powell

• 1. NEGLIGENCE — duty of care — formulation of risk — whether formulation too narrow — formulation focussed purely and precisely on the circumstances in which injury suffered — more generalised formulation would not have affected outcome
• 1. NEGLIGENCE — breach — whether risk of harm “not insignificant” — common knowledge that lifting heavy weights from floor level can cause back injury — obvious that leaving weights littering floor of gymnasium would force others to put them away — whether reasonable person would have taken precaution of implementing system of inspecting weights area — constant supervision not required — no reason why staff could not be present during limited problematic period to enforce rules about putting weights away after use
• 1. NEGLIGENCE — causation — whether factual causation established — gymnasium member injured when lifting heavy weight from floor level — not within member’s exercise regime — member clearing floor to allow her to exercise — injury due to failure of gymnasium to enforce its own rules

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