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The High Court today overturned a $24,000 damages award to a woman who broke a bone in her foot when she tripped at a home garage sale.

The court found the home owner holding the sale, Sandra Neindorf of Adelaide, had not been negligent in failing to take measures to stop the customer, Marta Junkovic, tripping on an uneven driveway surface.

Just imagine the consequences for Australian law if this case was not approved... Everyone who visits your house - be it for a garage sale - you have a "duty of care" to make sure that it is "safe". In this case, in the end it was found that "The court said the danger was minor and obvious and such cracks and unevenness were to be found in footpaths and driveways throughout suburban Australia."

Justice Michael Kirby described the genesis of the unusual case which followed a garage sale held on February 5, 2000.

"She (Mrs Junkovic) walked towards the trestle table," he said in his judgment.

"To do this, she had to cross the divide in the concrete slabs. An object caught her eye, presumably one of the garden or other items for sale on the trestle table.

"At that point, her right foot rolled on the elevation of one concrete slab as it adjoined the adjacent slab.

"The respondent, a woman then aged 53, fell towards the ground, touching it but then regaining her footing. In the course of this motion, she felt a crack in her right foot."

This was later diagnosed as a fracture.

The slab was some 10-12 millimetres higher than its neighbour.

Mrs Junkovic successfully sued in the Magistrates Court of South Australia which held that Ms Neindorf had breached her duty of care. She was awarded $24,464.

Ms Neindorf then successfully appealed to a single judge of the Supreme Court but this decision was overturned by a majority of the Full Court.

She then appealed to the High Court.

By a 4-1 majority, the court today allowed the appeal, holding that Ms Neindorf had a duty to take reasonable care.

But in the circumstances this did not extend to taking action such as painting lines, erecting warning signs, carpeting over the join or placing a table over it.

The court said the danger was minor and obvious and such cracks and unevenness were to be found in footpaths and driveways throughout suburban Australia.

It said eliminating or warning against all potential hazards encountered at most homes was not practicable.

SMH

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