Vic council loses tripping injuries case

A Victorian man who went out for fish and chips but ended up breaking his hip, pelvis and back after tripping over a raised stormwater pit in the dark, will get more than $400,000 in compensation.

Greater Shepparton City Council has lost a bid to avoid paying Steven Graham Clarke $359,303 following a Victorian Supreme Court judgment last year that found it breached its duty of care by failing to prevent people from tripping on the raised concrete pit.

The council appealed against the judgment but the Court of Appeal on Tuesday upheld it, and said if the council had taken a "simple precaution", Mr Clarke would not have sustained his injuries in 2008.

Tuesday's judgment upholds a 2016 order requiring the council pay Mr Clarke $405,112 - the original payout with interest - plus costs.

Mr Clarke was walking to a fish and chip shop on September 14, 2008 when he cut across a grassed section of Sherbourne Reserve.

It was 8pm and there was no lighting where he was walking.

The then 53-year-old was looking straight ahead when he tripped, fracturing his hip, pelvis, and back.

As he was lying on an ambulance stretcher he looked around and saw the raised concrete stormwater pit where he had tripped.

He later sued the council for damages and accused it of breaching its duties since it was responsible for managing the reserve and the stormwater pit.

At trial, it was established the stormwater pit protruded between 12 and 13 centimetres from ground level.

Justice Andrew Keogh found the council, through its staff, knew the concrete structure could be a tripping hazard to pedestrians, especially at night.

He said it was reasonable to expect the council to display appropriate warnings about this hazard.

It took several months for Mr Clarke to recover from his injuries and he still needs a walking stick since he cannot put weight on his left knee and left hip.