Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 19 October 2019.
Amanda and her five-year-old son, Jackson, began renting a property in July 2018. The house was lavishly constructed and had tall glass sliding doors connecting the living room to the outdoor entertaining area.
The glass sliding doors were installed a few years earlier, and at the time, had complied with Australian Safety Standards. However, the standards became more stringent over time, requiring that the glass thickness be increased. Unfortunately, the landlord was not aware of the change in standards and therefore did not arrange for them to be replaced.
In August 2018, Jackson was playing in the family living room when he accidently ran into one of the glass doors, causing it to crack and shatter. Jackson suffered significant physical injuries as a result of the incident.
Amanda commenced proceedings in the District Court against the landlord on behalf of her son, for failing to ensure the glass was compliant with the Australian Standards. She argued that compliance would have prevented the glass from shattering. The District Court held that the landlord was liable, but deemed Jackson contributorily negligent by 20%.
Amanda appealed the decision to the Supreme Court which held in favour to the landlord. She subsequently appealed to the High Court of Australia. The majority of the High Court held that the landlord was not liable and that his duty was only to take reasonable steps to identify dangerous defects and to take reasonable steps to remove them. The court found that an ordinary person inspecting the glass would not have been able to tell that it was inherently unsafe. Only an expert glazier would have been able to identify the hazard. For this reason, the landlord did not breach his duty of care and Amanda’s appeal was unsuccessful.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
