A carton of milk, a bump to the head and one legal headache: vicarious liability in the High Court of Australia

Abstract

The latest consideration of vicarious liability by the High Court of Australia arose from a common, everyday occurrence. Late one afternoon in early August 2000, Maria Sweeney stopped in at the BP service station in West Pymble to buy a carton of milk. After she closed the refrigerator door and turned to walk away, the door fell on her head, causing her personal injuries. The door had been repaired only hours before the accident. Ms Sweeney’s claim illustrates a notable feature of tort law - the limitless possibilities for personal injuries and the immanence of tort law in everyday life.