Slippery When Wet

A recent decision by the Queensland Court of Appeal has set the standard for compensation payouts for Slippery When Wet claims.

Silwood v Chandler [2016] QCA 273

The plaintiff alleged that as the occupier, it was incumbent upon the defendant to:

  • Switch on the outdoor light or otherwise illuminate the relevant area;
  • Warn the claimant the area may be wet; and
  • Ensure the area was dry.

Judgment was awarded in favour of the plaintiff to the value of $650,000.00

According to Aaron Clark of HopgoodGanim Lawyers

"Courts are beginning to expect occupiers to actively mitigate potential risks they may be aware of. A homeowner may not think their wet steps or porch are slippery. However, if a guest has no way of knowing these surfaces are wet at all, it is now incumbent upon an occupier to warn the guest against that risk."

Would Insurance Cover The Risk?

Steve Sloan from Insure 247 explains that although this was a residential situations, businesses should also take active steps to reduce the risk, if you are aware of a slippery or dangerous situation you should mitigate the risk.

The award and cost would generally be covered by a home insurance policy, however in the case of a business a public liability policy would be required.

If you are still unsure, talk to our team on 1300 046 787, to discuss your requirement.

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