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Refer to Waverly Council v Swain (2002) . The defendant (Sydney City Council) was happy to have these premises used therefore owed the plaintiff a duty of care.
By not taking proper safety precautions the defendant has breached their duty of care. As the risk of injury to the plaintiff was foreseeable with a reasonable likelihood of the injury occurring. The defendants’ omission to take precautions against this foreseeable injury is in breach of their duty of care. See Hackshaw v Shaw , as a reasonable person could have foreseen the possibility of harm and taken steps to avoid it.
It is reasonable to say that the injuries sustained by the plaintiff probably would not have occurred but for the omission on behalf of the defendant...
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