Venues NSW v Kane

[2023] NSWCA 192

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Occupier's liability
3. › Outdoor stadium
4. › Stepped aisle without handrail
5. › Whether reasonable occupier would have installed handrail
6. › Identification of risk of harm
7. › Significance of obviousness of risk
8. › No evidence of prior falls
9. › Compliance with Building Code of Australia
10. › Civil Liability Act 2002 (NSW), ss 5B, 5C
1. Negligence
2. › Breach of duty
3. › Statutory framework for determining breach
4. › Structure of s 5B of Civil Liability Act 2002 (NSW)
5. › Whether s 5B(1) paragraphs and s 5B(2) factors constitute checklist or structured inquiry
6. › Mandatory considerations under s 5B(2)
7. › Burden of taking precautions including similar risks under s 5C(a)
1. Evidence
2. › Subsequent remedial measures
3. › Yellow nosing strips installed after accident
4. › Whether subsequent action admissible to prove breach
5. › Civil Liability Act 2002 (NSW), s 5C(c)

Quick Take

Compliance certification, absence of prior incidents, the obvious nature of the risk of falling on steps, and common practice of not installing handrails on stepped aisles are powerful factors against a finding of breach under s 5B(1)(c) for occupiers of stadiums and similar venues.