A primary school teacher who broke her knee after slipping on a grape on the floor during a fruit break at school, and unsuccessfully sued her employer in negligence, has now been unsuccessful on appeal, with the Supreme Court of Queensland Court of Appeal finding no breach of duty of care.
Background
Ms Debbie Deans was employed as a specialist schoolteacher at the Riverside Christian College in Maryborough. At about 8.55 am on 4 March 2015, she was walking from a classroom through an adjacent foyer area. As she was walking through the foyer, she slipped on a grape on the floor and fell, sustaining a fracture of the left patella.
Classes started at 8.45 am. At about 8.55 am, Ms Deans was preparing to go to a class. She needed to collect a large chart book from a classroom which was accessed from the foyer area. At the time, the children in the classroom were sitting on the floor eating fruit as part of their “fruit break”. To prepare for fruit break, children would leave their classroom, go to their bags in the foyer area, collect the fruit and then bring it back with them to the classroom.
Initial proceedings
Ms Deans commenced proceedings against the college in the District Court of Queensland, in negligence and claimed damages. She alleged that the college was negligent in failing to provide a safe work environment, failing to implement a system of inspection and cleaning following “fruit break” when it knew, or ought to have known, that there was a high probability of slip hazards being created in the area due to the fact that five- and six-year-old children were carrying fruit through the area. [22]
The college denied liability. It argued that it did implement a system of inspection, that the teachers, including Ms Deans were responsible for identifying rubbish, including food scraps, in the school grounds and also that it employed grounds staff. Further, the college was not reasonably required to provide Ms Deans with constant supervision during her working day as she was an experienced and qualified teacher.
The trial judge found the risk of injury was not reasonably foreseeable and the college had not breached its duty of care. Accordingly, the trial judge dismissed Ms Deans’ claim.
On appeal
Ms Deans appealed the trial judge’s findings.
The court found that the risk of injury was, in the circumstances, reasonably foreseeable. However, on Ms Deans’ own evidence, she was aware that children can drop things. Adults know of the need to maintain some look out for objects on the ground as they move about. There was nothing relevant of which Ms Deans was unaware and of which the college reasonably needed to have given her warning.
Accordingly, the court found no error in the trial judge’s finding, and dismissed Ms Deans’ appeal.
For more information on the above contact Joe Bonura on (02) 4626 5077 or jbonura@marsdens.net.au.
This article first appeared in the CCH Australian Tort, Personal Injury, Health and Medical Law Tracker and is reproduced in full with permission from CCH, a division of Wolters Kluwer Australia: www.wolterskluwer.cch.com.au
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication
