Case Study: Garzo v Liverpool/Campbelltown Christian School [2012] NSWCA 151

Overview:

In 2007, a plaintiff was injured after slipping on a painted pedestrian crossing within the grounds of Liverpool/Campbelltown Christian School. The incident occurred despite the crossing being recently repainted by the school’s maintenance contractor. The case provides crucial insights into the importance of ensuring compliance with safety standards, particularly for schools responsible for the safety of large numbers of students and staff.

Key Facts:

- The crossing was originally created in 2005 and repainted in July 2007, just months before the incident.

- Despite the crossing’s recent maintenance, the plaintiff slipped, raising questions about the surface’s slip resistance.

- The trial court found no direct evidence that the painted surface was unreasonably slippery, but the case hinged on whether the school had fulfilled its duty of care in ensuring the surface met appropriate safety standards.

Expert Evidence:

- Tests conducted after the incident revealed that the painted surface’s slip resistance varied, with the most worn areas having better grip.

- It was noted that the slip resistance of paint could improve over time due to wear and surface abrasion.

Appeal Findings:

- The risk of slipping on the painted crossing was foreseeable, particularly under wet conditions.

- The court found that the school had failed to take adequate precautions to ensure the paint used met the necessary safety standards.

Conclusion:

Ultimately, the court ruled that although there was a breach of duty of care by the school, the causation of the injury could not be definitively linked to this breach. The difference in slip resistance was deemed too insignificant to have been a direct cause of the plaintiff’s fall.

How Wilding & Co Can Help Your School:

This case underscores the critical importance of adhering to Workplace Health and Safety (WHS) standards. At Wilding & Co Lawyers, we offer comprehensive WHS audits as part of our services, ensuring that your school not only meets but exceeds safety requirements. Our team is dedicated to helping educational institutions maintain safe environments for their students and staff, reducing the risk of accidents and potential legal liabilities.

By partnering with Wilding & Co, your school can benefit from:

- Expert WHS Audits: We assess all areas of your campus to identify potential risks and ensure compliance with the latest safety standards.

- Legal Guidance: Our experienced lawyers provide clear, actionable advice to help you implement necessary safety measures.

- Ongoing Support: We offer continuous support to keep your school up-to-date with evolving safety regulations.

Ensure the safety and well-being of your students and staff by working with a legal team that understands the unique needs of educational institutions. Contact Wilding & Co Lawyers today to learn more about how we can assist your school.