Barnes v New Zealand Holdings Pty Ltd [ 2011] WADC 208. Decision of District Court Judge Davis on 24 November 2011.

The Defendant was carrying on the business of installing a fire system at the Forrest Chase Centre, Forrest Place, Perth. Part of the Defendant's work involved running cabling through the ceiling area of Myer at Forrest Place from and to retail outlets next to Myer, to connect the retail outlets to the fire system. At 8.30am on 25 March 2008, an apprentice electrician of the Defendant began cabling work in a chemist next to Myer. The work he did was captured on CCTV footage as he was working from a ladder close to a set of glass automatic sliding doors. He placed 3 orange coloured cones around the feet of the ladder, and these protruded into the door space of the automatic doors.

At 8.37am, the Plaintiff receptionist employed by Myer, arrived for work. As she was walking through the automatic doors to the right of the cones, she was struck on the head by one of two ceiling panels which had fallen from the ceiling above her. Due to her injuries, she had time off work, and received workers' compensation payments from Myer. She brought a common law damages claim against the Defendant alleging the accident occurred as a result of the Defendant's alleged negligence.

In accordance with s.5B(1) of Civil Liability Act 2002 (WA) Judge Davis found:

  • There was a foreseeable risk that persons walking in the vicinity of the work carried out by the Defendant might be injured by a falling ceiling panel;
  • It was a risk of which the Defendant ought to have known;
  • The risk of harm was not insignificant; and
  • In the circumstances, a reasonable person in the Defendant's position would have:
    • Carried out an inspection before commencing work;
    • Removed the ceiling panels before commencing work; and
    • Closed off the area adequately – arranged to have the particular set of automatic doors where the Defendant's apprentice electrician was working, locked, and another set of doors opened.

In accordance with s5B(2) of Civil Liability Act 2002 (WA), her Honour found that it was probable that the harm would occur if precautions were not taken, there was a likelihood of serious harm if any of the ceiling panels fell, given their size and weight, and the precautions would not have involved any unreasonable expenditure or burden for the Defendant.

The Defendant was found liable for breaching its duty of care to Mrs Barnes and was ordered to pay damages in the sum of $85,584.59.

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