An insurance broker who was hurt while riding an e-scooter has failed to make a case for negligence against a city council.

Kirstin Leibbrandt sued City of Joondalup after hitting a fence post while riding in the Perth suburb of Hillarys in 2022.

In dismissing her claim, the WA District Court ruled that while there was a foreseeable risk and it was not insignificant, it was low for someone taking reasonable care.

Ms Leibbrandt said she leant to the left to allow a cyclist to pass from behind. She hit the post, falling and injuring her right wrist.

She argued the city was negligent because the fence should have been built further from the path, in accordance with the Austroads Guide to Road Design.

The city contended it was a case of someone “who steered her electric scooter into a wooden pole in daylight and seeks to make this event the fault of the local city”.

Judge Alan Troy said Ms Leibbrandt was riding on a busy shared pathway at about 20-25km/h, an excessive speed.

It was a straight stretch of path and the maximum width for such lanes. She heard a bell behind and moved left. The accident probably occurred when her handlebar hit the post.

Ms Liebbrandt relied heavily on the Austroads guide, but Judge Troy said it is a general guide and “its application is discretionary”.

Road authorities might vary practices according to local circumstances and policies, and the fact the posts could have been placed further from the pathway was no basis for finding negligence. 

In a commentary on the case, law firm Hall & Wilcox says it is a significant decision and a reminder that councils are not automatically liable for every accident in public spaces. 

It says authorities should still assess hazards, document decisions and refer to standards, but the case supports a measured approach when practical safety, not perfection, is the benchmark. 

See the judgment here.