NSW District Court has awarded damages against a council after a man tripped in a hole on a nature strip.

The risk was foreseeable and “not insignificant”, Judge David Russell said in finding Orange City Council negligent.

A parking sign on the verge had been removed and grass had grown over the hole that remained, in which Peter Willis tripped in July 2020. 

Mr Willis, now aged 76, injured his right shoulder. He had surgery a month later and was not cleared to drive until February 2021.

Two orthopaedic surgeons agreed Mr Willis’ shoulder would not improve from its current state and may need further surgery.

The court found the parking sign had been loose in the ground for many years. It came out of the ground before January 3 2020, when someone else fell in the hole. 

The hazard was reported and the sign was removed, but the hole was not filled.

“A hole in a grass verge, particularly one covered by grass, was regarded by council employees as a hazard which should have been reported and fixed,” Judge Russell said. The cost and time involved would have been minimal.

Judge Russell rejected the council’s argument that the Civil Liability Act did not apply, saying it knew the risk.  

And there was nothing to suggest that not fixing the hole was a “reasonable failure” that would give the council protection under the act.

In a note on the case, McAuley Lawyers says the decision provides a practical example of the court’s application of the act. 

“This decision reinforces that councils may be found liable for injuries arising from hazards on public land where they have actual knowledge of the risk and fail to take reasonable steps to prevent harm,” it said.

The court awarded Mr Willis $133,751 plus legal costs.

Read the ruling here.