Written by The NSW Court of Appeal recently heard the case of Ratewave Pty Limited v BJ Illingby [2017] NSWCA 103, which concerned the duty of an occupier to warn of risk of injury. The occupier was the owner of a hotel. In the lobby of the hotel there was a low raised wooden platform, on which a statue was placed. The respondent tripped over the platform, and successfully claimed damages in negligence.
On appeal, the Court upheld the finding of negligence. The Court found that the risk was foreseeable, and was not obvious, meaning the occupier had a duty to warn others of the raised platform. The Court emphasised that a hotel lobby is not a place where people would expect to find a trip hazard of this kind. The Court also indicated that a warning sign would have been sufficient to meet the occupier’s duty of care to the respondent.
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