The claimant and her partner were at the caravan park to attend a cultural festival, and planned to stay one night after the event. The event took place about several hundred metres away from park.
Between 5:30pm and 6:00pm, the plaintiff and her husband left their caravan and walked towards the festival. It was still daylight and visibility was good. They each carried a fold-up chair and torch.
They followed other patrons of the park by walking along a well- worn path across a grassed area and through a garden bed under some trees, then stepping up over a concrete mound within the caravan park to access a public footpath that led to the festival. The concrete mound was 30cm high.
When the festival finished, the two walked back to the caravan park, following the same route – after stepping onto and then back down from the concrete mound, the woman lost her balance and fell over.
During the court trial, she gave differing accounts as to the mechanism of her accident. Although the judge found that when walking from the public footpath back into the caravan park, the plaintiff held onto a post and stepped onto the concrete mound before attempting to step down into the garden bed, the court was unable to identify how the plaintiff lost her balance and fell.
The evidence produced at the trial stated that the concrete mound had no defects which caused or contributed to the incident. Although it was less than ideal as a step because it was domed shaped.