Doubleday v Kelly

From Uni Study Guides
Jump to: navigation, search

Citation: [2005] NSWCA 151

This information can be found in the Textbook: Sappideen, Vines, Grant & Watson, Torts: Commentary and Materials (Lawbook Co, 10th ed, 2009), pp. 375-6 [[12.40]

Contents

Background facts

  • A little girl was staying at her friend's house.
  • She put on roller skates and then jumped on the trampoline, injuring herself.
  • It was an early hour of the morning, and the children were unsupervised.
  • A warning was given to the children the night before not to use the trampoline.

Legal issues

Judgment

  • "The actual events as they happened are not the circumstances to which consideration of foreseeability of risk of injury is applied; what is to be considered is foresight in more general terms of inquiry[1]."
  • In this case, the risk alleged was that if the child was unsupervised, she would use the trampoline in a hazardous way and might injure herself.
  • This risk was perfectly foreseeable.
  • Measures taken by the defendant (warned the children not to use the trampoline) fell below the required standard of care.

References

  1. [2005] NSWCA 151, 11
Personal tools
Namespaces

Variants
Actions
Navigation
Toolbox