A recent NSW Court of Appeal decision found in favour of the injured plaintiff’s personal injury claim for her slip and fall on a speed hump in an undercover car park. The decision includes this photograph of the speed hump. She was returning to her parked car. The red markings show her direction of travel and where she fell and where her car was parked:

The speed hump had existed for 39 years without any prior incidents.

The property owners argued that the speed hump was an obvious risk, and as such there should be no finding of liability against them.

The Court of Appeal found that despite the long history of no prior incidents and despite adequate lighting, this speed hump was not an obvious risk, and there was no contributory negligence by the plaintiff despite that she must have driven over it and walked over it after she had earlier parked her car.

The fact that the concrete hump was the same colour as the concrete surface of the driveway was an important factor that resulted in the finding. An expert called by the owners accepted that the hazard could have been better highlighted to make it more obvious by painting it with yellow and black striped bands on both sides. It was held that common sense would suggest that a pedestrian’s attention would be more readily drawn to painted areas, potentially diverting attention from unpainted areas. It was held that it was more probable than not that the plaintiff would not have slipped and fallen had the speed hump been painted.

This decision serves as a warning and guidance to property owners and occupiers and insurers and risk assessors, for speed humps and other pedestrian slip trip hazards to be properly painted to make them unmistakably highlighted, apparent, clear and obvious.