Case Reports

Negligence - Vicarious liability - Injuries to persons entering premises - Who is liable?

In Permanent Trustee Australia Ltd & Ors v Valeondis & Ors [2009] SASC 375 (4 December 2009), the Supreme Court of South Australia determined whether a building owner was vicariously liable for negligence of managing agent.  Appeal against the decision of the South Australian District Court ("SADC").  Respondent sought damages for injuries sustained after roof of lift collapsed.  Appellant managing owner claimed SADC erred in finding Appellant vicariously liable for managing agent.  Held (allowing appeal):  Appellant managing owner not vicariously liable as managing agent had duties beyond appellant's capacity to perform and conducted own business with own employees.