Ski Holiday Ends Early due to fall in Kosciusko Motel Room and Plaintiff unsuccessful in legal claim

Jun 1, 2023 | Publication

The plaintiff, Ms Caruana, brought claims against the Ski Riders Hotel Motel after she sustained injuries as a result of falling on a step between the bathroom and bedroom of her motel room.

The Ski Rider Hotel Motel is located at 10 Kosciusko Road, Wilson’s Valley in New South Wales in the Snowy Mountains region.

The plaintiff was on a ski holiday with her partner and was planning to stay several nights. Ms Caruana alleged in negligence that the defendant had actual knowledge of the step and failed to warn any patron staying in the room where the accident took place.

Ms Caruana relied upon the expert liability report of Engineer, Mr Cockbain. However, this report was largely dismissed by the court, finding the recommendations in the report to be unreasonable. The defendant had not reported any similar incidents at the motel.

Judgement was found in favour of the defendant, noting that the risk of harm was obvious, and that the reasonable person would have avoided such an accident.  At 65 the Judge states:

“Taking into account the photographs of the bathroom which demonstrate a significantly raised bathroom sink which would have been within a person’s line of sight as she slid open the bathroom door, and which was a cue to the step, I am satisfied that the risk would have been clearly apparent when the door was open, and therefore obvious to a notional reasonable middle-aged woman in the position of plaintiff.”

It is worth noting that if the decision were found in favour of the plaintiff, the judge accepted a 25% reduction for contributory negligence would have been applied, and the awarded damages would have amounted to $28,858.85.

The decision of Caruana v Ski Riders Motel (Kosciuszko) Pty Ltd, trading as Ski Rider Hotel Motel  NSWDC 182, can be read in full here: https://www.caselaw.nsw.gov.au/decision/5cdd09fbe4b02a5a800c0dd8

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

Latest Insights

How does the court assess pain and suffering?

In New South Wales (NSW), the assessment of pain and suffering—referred to legally as non-economic loss—is governed by the Civil Liability Act 2002 (NSW) ("CLA"). This is compensation for the intangible effects of the injury, such as pain and suffering, loss of...

Property Disputes – How Can They Arise?

Property disputes arise in many different ways – not only in commercial contexts but also in residential settings.  Some of the types of property disputes include:...

Can a Child under 14 years commit a Crime?

In New South Wales, the age of criminal responsibility is 10 years old.  A child under 10 cannot be charged with a criminal offence. For children aged 10 to under 14, there is a legal presumption known as doli incapax, which assumes the child is incapable of...

Why is it important to know who your client is?

In a range of contexts, it is important to know who your client is. In most professional service contexts, the identity of the client is the starting point to providing advice.  If it is not clear who the professional advisor is advising, this can cause issues as...

Mental Harm Damages Following Birth Trauma: Lessons from Sorbello

In South Western Sydney Local Health District v Sorbello [2024] NSWCA 14, the New South Wales Court of Appeal has provided timely guidance on two important issues in personal injury litigation: how courts choose between competing expert opinions on mental harm, and...

Damages for Defamation – Newman v Whittington [2025] NSWSC 275

A family dispute resolution practitioner was awarded $150,000 in aggravated damages, $10,000 in interest, and an injunction in a recent Supreme Court of New South Wales case. The defendant posted defamatory statements about the plaintiff on WordPress, Facebook, and...

Review Panel Determines Right Hand Injury as Non-Threshold Injury

The Personal Injury Commission (PIC) has ruled in Tasseli v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 49 that damage to pre-existing surgical hardware constitutes a non-threshold injury, entitling the Claimant to ongoing statutory benefits and...

What are 5 legal requirements for a business?

When a new business is set up, there are various legal aspects which should be considered.  Some are more important than others in the early stages.  Obviously the nature of the business will dictate more specific legal requirements. We set out below some...

Court Dismisses Group Proceeding

A significant class action against Waller Legal Pty Ltd has been halted after the Supreme Court of Victoria ruled that the proceeding should no longer continue as a group proceeding. The case, Jane Jones (a pseudonym) v Waller Legal Pty Ltd [2025] VSC 42, involved...