100% liability awarded in favour of aged lady injured by falling panel

A 72-year old lady was viewing tiles at a display showroom in July 2015 when a tile display panel weighing over 50kg and about 2 metres high fell on her, causing her to fall face flat on the ground. The aged lady was later sent to the hospital where she was found to have sustained multiple lacerations and abrasion wounds on her face and elbows, and a fractured right hip bone.

The Defendant had denied liability after the accident, claiming that the falling panel had not caused the Plaintiff’s injuries as she had fallen on her own. At trial, the Judge rejected the Defendant’s submissions and concluded that the Defendant had breached their duty of care owed to patrons in their premises by having the display panel placed leaning at an acute angle against a display shelf behind it and unsecured at either its head or its base. In that regard, the Judge found the Defendant 100% liable for the damages caused to the Plaintiff. The Defendant appealed against the Judge's decision but the appeal was rejected by the Court.