ACT woman awarded over $250,000 after restaurant stair fall
The ACT Supreme Court has ordered a Braddon restaurant to pay over $250,000 in damages to a woman who suffered serious injuries after falling down poorly maintained stairs in 2019.
The 54-year-old woman argued that southeast Asian restaurant Zaab was negligent in its failure to rectify a known hazard on its entryway stairs. The court heard that the incident occurred after the woman left the restaurant at approximately 9pm, three hours after her arrival when it was still daylight.
According to court documents, the woman's stiletto heel became caught on an uneven top step, resulting in a severe fall where she impacted her face and head. The crux of the case centred on the restaurant director's failure to address known defects in the stairs.
Evidence presented to the court revealed that the director had removed tiles from the stairs in 2016 but did not replace them or smooth the underlying concrete. A subsequent inspection by a building certifier highlighted the uneven stair heights and mandated remedial work, which was never carried out.
Acting Justice Ann Ainslie-Wallace ruled that the director "ought to have known" the "damaged and uneven" stairs posed a significant tripping risk to patrons. The court's decision underscores the responsibility of businesses to ensure the safety of their premises, particularly regarding known hazards.
"I find that the risk was foreseeable," acting Justice Ainslie-Wallace said.
"Falls on stairs are notorious and the harm from such a fall can be extremely serious and I find it is a risk that could not be ignored.
"The plaintiff was entitled to assume that the stairs did not contain holes that would trap the heel of her shoe".
The woman suffered significant injury and was in considerable distress when she went to hospital. She now requires ongoing physiotherapy and psychological support.
She was awarded $120,000 in general damages and $24,000 for previous medical expenses. She was also awarded $70,000 for future medical expenses and home improvements.
A settlement agreement was reached awarding the woman a further $150,000.
Jonathan Jackson, 12th March 2025
