A former Wollongong disability support worker has been awarded more than $600,000 in damages after he tripped on a stepped pathway at the summit of Mount Keira in 2016.
Bernard Williams was with a client at the Mount Keira Summit Park, in the Illawarra region of New South Wales, on May 17, 2016 when his client began rushing towards the bathroom.
Mr Williams followed, however tripped on a stepped pathway.
He broke his wrist and elbow, which later required five operations and ongoing rehabilitation.
Mr Williams told the Wollongong District Court that the injuries from the accident prevented him from going back to work and had a significant impact on the way he lived his life.
He said he did not realise the pathway was stepped and there were no markings to indicate it was.
Over $600,000 awarded in damages
Wollongong District Court Judge Mathew Dicker found the Wollongong City Council had owed a duty of care to prevent foreseeable injuries from use of the park's amenities, including the toilets.
Judge Dicker found that a reasonable person may not have realised the pathway was stepped and therefore an injury was a foreseeable risk.
"I find that if the step had been painted a bright colour, as it was painted after the accident, or tactile indicators and a hand railing had been inserted before at least the first step, the plaintiff would have been alerted to the presence of the first step as he proceeded towards the pathway," he said.
"He would have taken precautions in going down the stepped pathway and would not have been injured."
Mr Williams was awarded more than $700,000 in damages, including $284,369.61 for the loss of wages and $197,500 for non-economic losses, including pain and suffering.
However, Judge Dicker subtracted 15 per cent from the total damages for contributory negligence, which brought the final total to $608,132.44.
Judge Dicker said Mr Williams was aware there were steps in other parts of the park and that the pathway was sloping downwards.
There were no statutory requirements under Australian building codes to mark the step and it was found that caution should have been taken.
The judgment was published on September 24 after two weeks of hearings in August.
Wollongong City Council says it is disappointed in the decision and is considering whether or not to appeal.
