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The material facts The plaintiff Mrs Spencer was a 73 year old woman In March 2000 Mrs Spencer was walking along the pavement in Maryborough when she tripped and fell over As a result of the fall Mrs Spencer suffered a fractured hip In the months prior to the incident Mrs Spencer stated that she had noticed unevenness in the cement paving on that road The trial judge established that there was a slight difference in elevation of about 9 to 10 millimetres between the two adjoining concrete slabs On learning of the fall the Council responded by grinding down the respective concrete slabs to make them level by a procedure known as concrete mowing The procedural history As a result of her injury Ms Spencer brought a civil action against the Council The plaintiff claimed that the Council owed a duty of care in ensuring that pavement was maintained to standard that prevented the incidence of latent dangers which might have reasonably expected to exist The plaintiff argued that the difference in height between the two concrete slabs of the pavement posed an unacceptable risk to those who used it Therefore Mrs Spencer claimed that the Council was negligent for failing to remove the danger The defendant denied any negligence on their behalf They argued that there was an appropriate maintenance system in place and that regular inspections were conducted on the pavement The defence maintained that the obligations placed on the Council by reason of s 901 of the Local Government Act 1994 Qld was a duty to take reasonable careto avoid foreseeable risk Accordingly the Council argued that the duty which Mrs Spencer held them to was unrealistic and placed a burden on the appellate which was far too high Furthermore the Council claimed that Mrs Spencer also owed a duty of care in ensuring she took the appropriate care when using the pavement The trial
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