Man fails in suing his brother after bathroom slip

Date: Apr 26, 2019

A Sydney man has failed in suing his brother for negligence in his duty of care after he slipped in his sibling's bathroom in 2014, claiming that he still suffers dizziness as a result of his injuries.

A tale of brothers and a bathmat

The plaintiff claimed in the (NSW) Court that he had slipped in his brother's bathroom in 2014, falling and hitting his head on the edge of the bath. Arguing that his brother had been negligent in his duty of care toward him, the plaintiff suggested that he would have known that the bathroom floor was slippery, and that the bathroom mat was non-slip and failed to warn him.

Despite making the claim, the plaintiff's plea was rejected, as slipping on a mat is an obvious risk for any bathroom with a wet floor, regardless of whether the mat is non-slip or not. He was then ordered to pay the legal costs of the defendant. 

When is someone negligent in their duty of care?

Under the Civil Liability Act 2002 (NSW), someone is negligent in their duty of care if a risk was easily identified, and that reasonable precautions could have been taken to avoid an issue. Examples of relationships and professions where a duty of care is to be assumed include:

  • A doctor and their patients.
  • Sport coaches and athletes.
  • Teachers and students.
  • Caregivers and children.
  • Drivers and road users.

For a Court to decide whether precautions could have been taken to mitigate the chance of harm, they will need to investigate the seriousness of injuries sustained or the potential for further trauma, or how often injuries could occur with the current level of care.

What compensation can I seek for a public liability claim?

Whether you've slipped and fell in a supermarket, or have been injured at your residence as the result of the negligence of your landlord, there are a range of reasons why you can seek compensation under a public liability claim. Depending on the nature of the claim and your injuries, you may be entitled to the following forms of compensation:

  • Payments for medical expenses, including rehabilitation.
  • A lump sum covering economic loss resulting from an inability to work, including superannuation.
  • Damages to cover pain and suffering from the injury or event.
  • Care expenses covered, including home and vehicle modifications.

Our expert team at Gerard Malouf & Partners have a comprehensive understanding of public liability law and are committed to helping you reach a favourable outcome for your case. For more information, get in touch with our No Win, No Fee team.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.