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By
James McIntyre
, Special Counsel with HBM Lawyers
STAIRWAYS
TO LITIGATION
HEAVEN
Stairs are a common feature of everyday life. However, in the
context of recreation and leisure, a set of stairs can pose
potential hazards for operators of recreational facilities and
leisure craft. Two recent decisions from the New South
Wales Court of Appeal and the Queensland District Court
with differing liability outcomes illustrate the need for
recreation and leisure operators to consider whether
their facilities allow safe access for persons wearing
sports equipment and whether specific warnings may
be appropriate to reflect potential hazards from
relatively confined spaces on leisure craft.
Liverpool Catholic Club Ltd
v. Moor [2014] NSWCA 394
I
n Moor the New South Wales Court of Appeal
found that the Club was not liable in negligence
to a patron who suf fered injuries while walking
down stairs to the Club’s ice skating rink while
wearing ice skating boots.
At trial, the New South Wales District Court
found that the Club had been negligent by
failing to provide a warning that patrons
should not put on their ice skating
boots before descending the stairs
or a second warning illustrating
a technique for negotiating
the stairs whilst wearing ice
skating boots.
LEGAL
FOCUS
TOUCHLINE
ISSUE 20 | MARCH 2015 |
11