The Claim was dismissed at trial and the Claimant ordered to pay the Defendant’s costs.
The Claimant alleged that he tripped and fell over a paving slab on the footpath which was protruding by 20mm - 25mm above the surrounding area. The Claimant’s own photographs (taken a week after the accident) showed the defect to be below an inch.
The claim was defended on the basis that the alleged defect did not present a danger and the section 58 defence was raised.
It was held that the alleged defect did not present a reasonably foreseeable danger to pedestrians and the claim was therefore dismissed.
