The Tort Of Negligence Case

1242 Words Oct 14th, 2014 5 Pages
The plaintiff, Christopher Moor was injured on the premises of the defendant, Liverpool Catholic Club Ltd, on January 14 2009. While descending a set of stairs to an ice skating rink on the premises, Moor slipped and fell, resulting in a fracture to his right ankle. After further examination, Moor was found to have sustained a fracture of the right fibula, dorsal displacement of distal fragment, ligament disruption and widening of the ankle joint. He was wearing ice skating blades at the time of the accident.
The civil negligence case was trialled in the District Court of New South Wales before Levy SC DCJ on 28/29 May 2013 and the decision was made 25 June 2013. The plaintiff successfully established his entitlement to judgement and verdict

The plaintiff succeeded in establishing his entitlement to a verdict and judgment in his favour without discount for alleged contributory negligence, awarded a total of $148,343 for damages.
The tort of negligence establishes an individuals right to be treated righteously and have their safety and security ensured. For negligence to exist, the following elements must be present: the defendant and plaintiff must be legal neighbors, the defendant has breached their duty of care and the breach was the cause of the damage sustained by the plaintiff.

The plaintiff claimed the injuries sustained as result of the fall were due to negligence on behalf of defendant. The defendant denied the allegations of negligence for which the plaintiff…
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