Woman awarded almost $300,000 after falling down 'damaged and uneven' restaurant stairs

A woman has been awarded damages after falling outside a restaurant as a result of defects in the entry staircase.

The woman, now 54, went out for dinner with several people to a Braddon restaurant in November 2019. The woman had not been to the restaurant before then.

They were leaving the restaurant at about 9:30 pm when her stiletto heel caught on the stairs outside the restaurant.

The woman fell forwards onto the ground, landing on her face.

In a recent decision, ACT Supreme Court Acting Justice Ann Ainslie-Wallace said she was satisfied the “damaged and uneven” staircase led to the fall.

According to the decision, the Braddon restaurant had removed tiles from the staircase before the restaurant first opened.

In October 2016, a Building Certifier told the business that the removal left the stair heights uneven and would need to be fixed. That work had not been carried out.

“I am satisfied then that in failing to address the defects in the stairs of which the First Defendant was well aware and which were of her own making, she permitted them to be in a state which posed a risk of harm to a person using the steps to enter or leave the restaurant to stumble or fall because of the uneven and damaged nature of the treads,” she said.

“In so doing I find that the First Defendant breached her duty of care to the Plaintiff and was negligent.”

In the aftermath of the fall, the decision notes the woman reported experiencing ongoing headaches that would sometimes leave her bedbound, with vertigo and chronic pain.

Acting Justice Ainslie-Wallace said the injuries were “consistent with a whiplash type injury” that the woman had received from the fall.

“All of the evidence supports the Plaintiff’s account of how the fall has impacted her life in all its aspects,” she said.

“She continues to suffer pain and restriction in her neck and shoulder and the accident has affected her mood. Her capacity to work has been significantly impacted.”

Also, the woman attends ongoing psychological appointments, while her ability to care for her disabled son and complete housework has been affected.

During the proceedings, the restaurant argued that because the stairs were shared between businesses and because she fell towards a neighbouring business, the restaurant wasn’t liable for the woman’s injuries.

However, Acting Justice Ainslie-Wallace did not accept that submission.

“Whether or not the First Defendant’s lease referred to half the steps, she took it on herself to remove the tiles from the whole of the stairs leading from the street to both premises and, in so doing, occupied and altered the whole of the area,” she said.

Acting Justice Ainslie-Wallace awarded the woman more than $200,000 in damages, comprising $120,000 in general damages, about $24,000 for her past medical treatment and $70,000 for future domestic assistance.

An additional $70,000 was awarded to cover future treatment expenses and home improvements.

The decision states the woman had reached a settlement with the four other businesses in the space where the restaurant was located, which saw her awarded a separate $150,000.