The Park Care was responsible for a popular scenic park in Doorberville, known as Sighs Park. The park contained cliffs which overlooked Blue Beach some eight meters below. At the top of the cliffs there was a car park surrounded by a low log fence. Between the car park fence and the edge of the cliff there was an open space. Some low vegetation was growing along the cliff top. At the cliff face there was no fence and no warning signs either. However, the edge of the cliff was clearly visible to any sober person.

There has never been any cliff-related accident until Robert, a 41-year-old man, who was not entirely sober one night in December 2022, seriously injured himself when he fell off the cliff. In addition to his bodily injuries, his watch, valued AUD 580,000 was completely smashed. There was very little evidence as to how the incident occurred. Robert had no recollection.

Robert required hospitalisation, incurred medical expenses, and was unable to work for six months. He wants to sue the Park Care for negligence. Advise Robert whether the Park Care is liable in the tort of negligence for Robert's injury. Please discuss all elements of a negligence action and any defences that might apply.
Please support your answers by the relevant authorities (ie, case law and legislation).

Question

The Park Care was responsible for a popular scenic park in Doorberville, known as Sighs Park. The park contained cliffs which overlooked Blue Beach some eight meters below. At the top of the cliffs there was a car park surrounded by a low log fence. Between the car park fence and the edge of the cliff there was an open space. Some low vegetation was growing along the cliff top. At the cliff face there was no fence and no warning signs either. However, the edge of the cliff was clearly visible to any sober person.
 
There has never been any cliff-related accident until Robert, a 41-year-old man, who was not entirely sober one night in December 2022, seriously injured himself when he fell off the cliff. In addition to his bodily injuries, his watch, valued AUD 580,000 was completely smashed. There was very little evidence as to how the incident occurred. Robert had no recollection.
 
Robert required hospitalisation, incurred medical expenses, and was unable to work for six months. He wants to sue the Park Care for negligence. Advise Robert whether the Park Care is liable in the tort of negligence for Robert's injury. Please discuss all elements of a negligence action and any defences that might apply.
Please support your answers by the relevant authorities (ie, case law and legislation).

Unlock all answers

Weekly leaderboard