This case is also a reminder for members to have a strong system in place for inspecting and maintaining premises, as well as addressing any complaints. Good record-keeping practices are crucial to defending a claim and demonstrating that reasonable steps are made to meet your duty of care.
A woman in her 60s slipped on a sloped gravel landing area at the base of stairs, which were maintained by the Shire of Denmark. As a result, she suffered a dislocated and fractured ankle and held the Shire liable for the injury and loss suffered.
The plaintiff claimed for damages arising from personal injuries suffered by her, which occurred while she was descending access steps leading to Black Hole Rock in the Shire of Denmark.
She claimed that her injuries were caused by the negligence and/ or breach of duty of care of the Shire to maintain these stairs. The claimant alleged that the Shire of Denmark was negligent as it did not reduce the foreseeable risk of slipping on the sloping gravel area.
She argued that the Shire breached their duty of care by:
A recent case involving the Shire of Denmark and a tourist turned on
whether pea gravel at the bottom of some stairs was an obvious risk and
what is the extent of a local government’s duty of care in relation to obvious risks.
LGIS, together with WorkCover WA and legal partners Mills Oakley and Moray & Agnew have delivered four sector specific information sessions on the new Workers Compensation and Injury Management Act (2023) WA.
Members have been asking ‘How do we manage the use and charging of e-scooter and bikes (micro-mobility)?’. Charging stations and facilities have already been made available by some members while others are considering the potential benefits.
LGIS decided to take the matter to court. During the investigation, it was discovered that the Shire:
The judge found the Shire was not negligent in circumstances where:
Therefore, a reasonable person in the Shire’s position would not have taken further precautions against the risk that a person might slip on the gravel at the base of the stairs.
The judge was quite clear that there is no duty upon local government to take precautions against obvious risks in remote, natural areas as the burden to take these precautions greatly outweigh the little risk of harm they pose.
Although LGIS were able to successfully defend the Shire in this particular claim, there are important lessons to be learned from the judgment in order to enhance the protection of local governments in similar situations.
For more information on how LGIS can support members in identifying and managing their liability exposures contact the Liability Risk team.
There’s less than eight weeks to go before we say goodbye to 2023/24 and the vast majority of members have completed their declarations for the 2024/25 membership year.
Across Western Australia local governments create and deliver spaces that welcome everyone – from libraries to recreation centres and playgrounds. These services and facilities foster community connection but unfortunately they can also witness anti-social behaviour.
CCTV, alarms and dedicated security may require significant investment (depending on scope), but for those local governments who have identified serious hazards associated with ASB, it’s an investment that may be warranted. When considering these options, it’s important to consider not just the initial investment but the ongoing commitment of resources.
LGIS is the unifying name for the dedicated suite of risk financing and management services for WA local governments, established by the WA Local Government Association in conjunction with JLT Public Sector (part of the Marsh group of companies). LGIS is managed by JLT Public Sector (ABN 69 009 098 864 AFS Licence 226827).
Risk Matters, via this website, is designed to keep members, their staff and elected members informed on topical risk management and insurance issues and LGIS programs and services.
