A former Labor minister who admits he saw a Beam e-scooter on the footpath before tripping over it in the daytime last year gets a second chance to sue the Adelaide city council for damages.
A former Labor minister who admits he saw a Beam e-scooter on the footpath before tripping over it in the daytime last year has been given a second chance to sue the Adelaide City Council for damages.He lodged a $2,375 damages claim against Adelaide city council and BeamKym Mayes claimed his left foot "snagged" on an electric scooter laying on its side as he walked along Gouger Street, in Adelaide's CBD, on September 20 — a mild spring day — last year.
But a District Court judge has this month overturned the decision, returning it to a different magistrate but acknowledging it "may well fail" a second time.Mr Mayes' argument before the first magistrate was that the council had a duty to keep its footpaths free of hazards, just as supermarkets must keep aisles free of spillages.But he said the council had a licence agreement with Beam, requiring it to store its electric scooters safely, and that had not occurred.
Magistrate Milazzo dismissed the case and warned that Mr Mayes risked incurring "a whole lot of costs" if he persisted with the minor damages claim.Claim 'may fail', but will be heard again
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