Townsville City Council v Hodges
[2023] QCA 136 · Mullins P, Mitchell AJA and Crow J
Ms Hodges parked at a Townsville council park in October 2015 and, while walking across the grass, stepped into a concealed hole and fell, suffering serious fractures to her lower left leg and ankle. The Council, which occupied the park, contested liability. Damages had been agreed at around $301,000, so the only question was whether the Council was negligent. At trial the judge found the Council failed to inspect properly and awarded the damages. The Council appealed. The Court of Appeal found the hole was only about 30cm wide and up to 5cm deep, and was so overgrown with grass that even people who knew it was there struggled to see it, ambulance officers placed a stretcher over it and it toppled. The Council had a regular system of mowing and inspection, and reasonable inspections would not have found such a concealed hole. The Court ruled the Council was not in breach of its duty, allowed the appeal and dismissed the claim, so Ms Hodges recovered nothing.
Incident & injury
Plaintiff stepped into a concealed hole in the grassed area of a public park, causing her to fall
Read the findings as text
- Concealed hole in grass. 30 cm wide, 5 cm deep.
- No breach of duty. Inspection would not find it.
- Dismissed on appeal. Reversed [2022] QDC 272.
- Body regions
- Knee / lower leg, Left knee, Left ankle (Left)
- Diagnoses
- spiral fracture of left mid-shaft tibia, distal fibula fracture, medial malleolus fracture
- Incident date
- 15 October 2015
- Location
- Sherriff Park, Townsville
Quick facts
- Date of judgment
- 11 July 2023
- Claim type
- PIPA Public Liability
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 55
- Occupation
- Not stated
- Liability
- Disputed
- Total damages
- $0
Outcome
The Court of Appeal allowed the Council's appeal, set aside the trial judgment and dismissed Ms Hodges' claim. The hole was shallow and so highly concealed that reasonable inspections would not have detected it, so the Council was not in breach of its duty of care. Damages had been agreed at $301,603.23 but the plaintiff recovered nothing.
Defendant
1 Townsville City Council
Occupier
- Judgment against this defendant
- $0
Key issues
Townsville City Council v Hodges [2023] QCA 136
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