Ski Holiday Ends Early due to fall in Kosciusko Motel Room and Plaintiff unsuccessful in legal claim

The plaintiff, Ms Caruana, brought claims against the Ski Riders Hotel Motel after she sustained injuries as a result of falling on a step between the bathroom and bedroom of her motel room.

The Ski Rider Hotel Motel is located at 10 Kosciusko Road, Wilson’s Valley in New South Wales in the Snowy Mountains region.

The plaintiff was on a ski holiday with her partner and was planning to stay several nights. Ms Caruana alleged in negligence that the defendant had actual knowledge of the step and failed to warn any patron staying in the room where the accident took place.

Ms Caruana relied upon the expert liability report of Engineer, Mr Cockbain. However, this report was largely dismissed by the court, finding the recommendations in the report to be unreasonable. The defendant had not reported any similar incidents at the motel.

Judgement was found in favour of the defendant, noting that the risk of harm was obvious, and that the reasonable person would have avoided such an accident.  At 65 the Judge states:

“Taking into account the photographs of the bathroom which demonstrate a significantly raised bathroom sink which would have been within a person’s line of sight as she slid open the bathroom door, and which was a cue to the step, I am satisfied that the risk would have been clearly apparent when the door was open, and therefore obvious to a notional reasonable middle-aged woman in the position of plaintiff.”

It is worth noting that if the decision were found in favour of the plaintiff, the judge accepted a 25% reduction for contributory negligence would have been applied, and the awarded damages would have amounted to $28,858.85.

The decision of Caruana v Ski Riders Motel (Kosciuszko) Pty Ltd, trading as Ski Rider Hotel Motel [2019] NSWDC 182, can be read in full here: https://www.caselaw.nsw.gov.au/decision/5cdd09fbe4b02a5a800c0dd8

Scott Eveleigh

McAuley Hawach Lawyers

11 Fennell Street, Parramatta NSW 2124

Telephone: (02) 9633 1826

Facsimile: (02) 9687 8114 (02) 9687 8114

Web: www.mcauleyhawach.com.au

Email: reception@mcauleyhawach.com.au

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

Share on facebook
Share on twitter
Share on linkedin
Share on google
Share on email
Latest Insights

How to Bring a Personal Injury Claim

There are many types of personal injury claims. At times they involve the Courts and at other times they require a prompt response to process