By: Rebecca Stevens, Partner and Brett Sherwin, Solicitor
McKenzie v Day (No 2) [2016] NSWDC 236
It is recognised as a cornerstone legal principle that an owner and/or occupier of a property owes a duty of care to an entrant. However, there is also a correlative duty tasked upon the entrant to ensure they take reasonable care for their own safety.
This article examines, in the context of the decision of McKenzie v Day (No 2), the circumstances in which a duty of care is owed to an entrant of a residential property where, on the evidence, significant doubts exists as to whether they exercised reasonable care for their own safety. As illustrated in this case, the courts place the conduct and actions of both plaintiffs and defendants under the microscope when these circumstances arise.
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