Adelaide City Council sued by young woman whose pregnant mother allegedly fell over an olive root, causing serious injuries

A young woman is suing Adelaide City Council after her mother claimed she tripped over a tree root while pregnant – leaving her with lifelong injuries.

A young woman who suffered serious medical issues when her mother allegedly fell over a tree root while 30 weeks pregnant is suing Adelaide City Council for negligence.

The case, initially launched in the District Court in 2005, has been stuck in litigation limbo as the council argues the exposed root was an “obvious hazard” and anyone with a “proper lookout” would have avoided it.

The woman’s baby girl was born with a brain haemorrhage and cerebral palsy and will require lifelong medical treatment, according to court documents.

The statement of claim lodged with the court and released to The Advertiser after a hearing in December alleges negligence on behalf of Adelaide City Council for failing to select appropriate trees in North Adelaide where the fall occurred.

The documents claim the mother was 30 weeks pregnant on August 22, 1995, when she was walking along Brougham Place in North Adelaide.

She was walking along the northern boundary of Palmer Gardens, an unsealed footpath where the bitumen meets the park.

The documents claim the mother was a “pedestrian lawfully using the footpath” who tripped over an exposed root from a nearby olive tree.

The spot where a pregnant woman claims to have fallen in 1995, causing her to need emergency surgery and resulting in serious injuries to the child.

She fell heavily on her abdomen and required urgent medical treatment.

Part of the lawsuit centres around the decision to grow olive trees in a residential area.

The woman claims the council should have known protruding roots were a predictable habit of olive trees, particularly where compaction of earth could cause roots to buckle.

The statement of claim alleges the council failed to control the roots through either chemical or physical means.

A second aspect is allegations there was insufficient lighting for the mother to be able to see where she was walking.

In defence documents released by the court, the council claims it was not its responsibility to provide lighting – rather it was for ETSA, now SA Power Networks, to maintain the lights on Stobie poles.

The council denies it owed any duty of care to the mother.

“It was obvious to any person walking in the vicinity of Palmer Gardens that the surface of its western edge was not a paved footpath and that it was therefore likely to be uneven and less reliable for pedestrian traffic than the paved footpath across the road,” the document claims.

As to the olive trees, the council contends the trees were up 100 years old and had grown naturally, rather than being planted by the council.

The council also indicated it “does not know and cannot admit if the plaintiff’s mother fell as alleged and such allegations will be challenged at trial”.

The woman claims damages for future medical treatment and loss of capacity to find employment, as well as a “loss of her enjoyment for her amenities of life”.

The case continues.