The Court of Appeal found that McDonald’s knew children were gaining access to the rear area of the playground but did not take adequate steps to prevent that re-occurring. They could have placed warning signs, used spring loaded hinges to ensure the relevant gate would remain closed or used a key lock on the latch (much like a pool gate). Those simple steps would have avoided access to the area and reduced the risk of any injury.
McDonald’s was found to be negligent and Mr Metaxoulis was awarded $179,000 in injury compensation.
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For more details read the full version of the court judgment: