Negligence and Liability: A Case Study of RSL Club and Railway Station

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I MATERIAL FACTS
Alice had suffered the injury due to the failure of RSL Club to provide a safe entry to
older people who visit the club when the main entrance was undergoing repairs. Due to the
failure of RSL Club to take precautions which is its duty towards visitors in the premises, the
injury was suffered by Alice. Tasmin, daughter of Alice, received the news when one of
Alice’s friends call her, and while talking on the phone, she did not notice the warning sign
put up by the railway station due to which she tripped and break her ankle.
II ISSUE OF LAW AND POLICY
The potential claimants (plaintiffs) are Alice and Tasmin, and the potential defendants
are RSL Club and the railway station. The legal issue is whether Alice can hold RSL Club
liable to pay her compensation under a suit for negligence? Whether Tasmin can recover
damages from the railway station for the injury suffered by her under a suit for negligence?
III RULES AND RESOURCES
A person can file a civil suit against a wrongdoer who is a person that commits a tort
or tortious act to demand compensation for the injury suffered by the first person. Negligence
is the failure of a party to exercise a duty of care which is reasonable to exercise in specified
circumstances.1 The tort law is governed by both the common law and the Australian
legislation. The Civil Liability Act 20022 (CLA) provides key provisions regarding suit which
is filed for tort law in New South Wales. While filing a suit for negligence, there are three
perquisites which must be present that include a duty of care, breach of such duty and the
injury.
A Duty of Care
A duty of care is referred to the obligation of a person to take certain precautions to
avoid causing injury to third parties.3 Donoghue v Stevenson4 is a landmark case in which the
elements of negligence were established. A claimant becomes ill because she drinks remain
of a snail which was present in a ginger-beer due to the negligence of the defendant. The
court provided that a duty exists based on the “neighbour” test which provides three elements
1 Douglas Hodgson, The law of intervening causation (Routledge, 2016).
2 Civil Liability Act 2002 (NSW)
3 Amanda Stickley, Australian torts law (LexisNexis Butterworths, 2016).
4 (1932) AC 562