By: Stephen White, Partner and Holly Edmondson, Solicitor; Carter Newell (Queensland, Australia)
This case serves as a timely reminder that if owners or occupiers are aware of defects in their property, immediate measures should be taken to address these defects.
Accident circumstances
The respondent was the body corporate for the Community Title Scheme of a building situated at 138 Albert Street, Brisbane. The respondent had sufficient control over the common areas of the building to be considered an occupier of those areas, which included the entrance and foyer.
The appellant (Smith) was 29 years old at the time of the accident. She worked for a multimedia company that was one of several tenants in the building.
On 21 December 2001, Smith had attended her work Christmas party at a restaurant and then attended a nightclub near the building. Smith drank approximately 10 glasses of white wine between the hours of 11.30am and 4.00pm, and six premix spirits whilst at the nightclub.
After the nightclub, Smith and three of her work colleagues returned to the building to retrieve her colleague's car. Whilst Smith and her colleague searched for their swipe cards to enter the building, Smith was leaning with her back resting on one of the building's front glass panels. Smith then tripped or stumbled backwards and fell through the glass panel. The glass panel broke into large plates, which fell on Smith and caused severe lacerations to her face, neck, arms and torso.
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