Hodges v Townsville City Council
[2022] QDC 272 · Coker DCJ
A 55-year-old woman was walking across a grassed area of a council park in Townsville when she stepped into a hole hidden by grass, fell, and broke her left lower leg (the tibia, fibula and ankle). The council accepted it was responsible for keeping the park reasonably safe but argued there was no real hole, just a slight, insignificant unevenness, so it had not breached its duty. The amount of compensation had already been agreed at about $301,600, so the only question for the court was whether the council was legally at fault. The judge accepted there was a genuine concealed hole, noting that even ambulance officers who knew it was there had a loaded stretcher topple over when a wheel went into it. The judge found the council's inspections of the grassed area were inadequate and uninstructed, meaning the hazard went undetected. The council was held liable and ordered to pay the agreed sum to the plaintiff.
Incident & injury
The plaintiff stepped into a concealed hole in a grassed area of a park while walking, causing her to fall.
- Body regions
- Knee / lower leg, Ankle / foot (Left)
- Diagnoses
- spiral fracture of the left tibia, fibula and malleolus
- Incident date
- 15 October 2015
- Location
- Sheriff Park, Love Lane, Mundingburra, Townsville
Quick facts
- Date of judgment
- 7 December 2022
- Claim type
- PIPA Public Liability
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 55
- Occupation
- Not stated
- Liability
- Disputed
- Total damages
- $301,603
Outcome
Liability was the only issue, quantum having been agreed at $301,603.23. The court found there was a concealed hole (not a mere depression) near the park carpark, that it posed a foreseeable risk, and that the Council's perfunctory and uninstructed inspections breached its duty of care. Judgment was entered for the plaintiff in the agreed sum.
Defendant
1 Townsville City Council
Occupier
- Judgment against this defendant
- $301,603
Key issues
Hodges v Townsville City Council [2022] QDC 272
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