In a recent case, Willis v Orange City Council [2025] NSWDC 208, a retired man successfully sued the Council after tripping in a hidden hole on a grass verge in Orange and injuring his right shoulder.
What happened?
On 9 July 2020, 76-year-old Mr Peter Willis parked his car in Byng Street in Orange to pick up some takeaway food. As he was returning to his car, he and stepped onto the nature strip to open the passenger door and place his food on the floor of his car. The grass of the nature strip hadn’t been mowed and concealed a deep hole where a parking sign had once stood. As Mr Willis closed the passenger door and took a step forward into the concealed hole, he fell, injuring his right shoulder, resulting in a need for surgery and a long recovery.
Photographs taken on the day of his fall showed that the hole was about 26cm deep. Mr Willis later learned that the Orange City Council had known about the hole- The sign had fallen over months earlier, leaving the hole behind. Local businesspeople had reported the fallen sign, but the Council took no action to fill the hole or warn pedestrians.
Why was the Council liable?
The District Court found the Council had actual knowledge of the hazard. A local funeral director had informed the Council about the fallen sign months earlier, and the Council had removed it – but failed to fill the hole left behind or make the area safe for pedestrians.
Under the Civil Liability Act 2002 (NSW), local councils (deemed “roads authorities”) are not liable unless they knew or should have known about a risk. Here, the Court found that:
- The risk of someone falling in the hole was foreseeable – in fact, someone else had tripped in it before Mr Willis.
- It was not insignificant – tripping in the hole caused significant injury to Mr Willis.
- The burden of fixing it was minimal – it could have been filled in under 15 minutes.
- Reasonable precautions were not taken.
Therefore, the Court found that the Council had been negligent and that its negligence had caused the injuries and disabilities suffered by Mr Willis.
The injury and its impact
Mr Willis had pre-existing shoulder issues, but he was active and independent before the fall. After the incident, he required surgery, physiotherapy, and ongoing assistance from his partner for everyday tasks. He struggled to play with his grandchildren, do yard work, or enjoy his hobbies like tenpin bowling as he had before his injury.
The Court awarded him $133,751 in damages, set out as follows:
- $106,500 for non-economic loss (pain and suffering)
- $591 for past medical expenses
- $16,600 for future medical expenses (including a likely shoulder replacement)
- $10,000 as a buffer for future domestic assistance
Takeaway for councils and claimants
This case is a reminder that local councils can be held liable for injuries to the public where they have actual knowledge of a hazard and fail to take reasonable steps to address it.
For the public, it shows that even where an injury occurs in a seemingly minor fall, a claim may be viable if there’s evidence the Council knew of the risk of harm and did nothing to negate or at least mitigate that risk.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.