The plaintiff brought an occupiers’ liability action after suffering a fractured navicular bone when she unknowingly stepped off a single step on a crowded outdoor patio at a pub.
The court found the step created a foreseeable hazard because the change in elevation was not visually discernible due to uniform decking colour, poor lighting, and lack of warning markings or visual cues.
The occupier breached its statutory duty under the Occupiers’ Liability Act by failing to take reasonable steps to make the premises reasonably safe.
The court rejected the defence of contributory negligence, finding the plaintiff had no reason to anticipate the step and a momentary glance at a friend did not constitute inattention.
Damages were awarded for pain and suffering, special damages, loss of earning capacity, and future care costs.
