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Negligence Update : The Architect , The Gym Owner And The Real Estate Agent.

Article Excerpt
Recent cases examine an architect's liability for a slip and fall on tiles at a shopping centre, what constitutes a 'recreational activity' under section 5M of the Civil Liability Act 2002 (NSW) and what is an agent's duty when inspecting premises on a landlord's behalf.

Was the architect negligent?

Facts

Drummond and Rosen Pty Ltd v Easey [2009] NSWCA 74 considered a claim for damages by Mr Easey for injuries he sustained to his left elbow, left shoulder and buttocks when he slipped and fell on a tiled access ramp at a shopping centre. The owners of the shopping centre knew of a problem with the ramp following the completion of the tiling.

Trial

Mr Easey sued the owners, the builders of the shopping centre and the architects, who each cross claimed against the other.

The trial judge found that, while the ramp was steeper than the recommended grade 'this was not in itself a breach of duty to pedestrians but was relevant in determining the rating of the tiles that should have been used...'

The trial judge found all defendants negligent in failing to ensure the tiles were adequate and safe, the architects and builder having separate obligations to ensure that appropriate tiles were used.

Liability was apportioned 50% to the owners, 30% to the architects and 20% to the builder. The trial judge rejected the argument that the plaintiff was contributorily negligent.

The architects appealed the finding of negligence against them.

Court of Appeal

On appeal, Justices Tobias, Macfarlan and Handley found that the...

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