Man who tried to sue his own BROTHER after falling on a wet bath mat loses lawsuit – because ‘he should have known it would be slippery’
- 40-year-old man sues brother for slipping on a wet mat in his bathroom in 2014
- Shwan Manmi argued his brother knew or should’ve known it was a slip hazard
- Judge said any reasonable person would exercise caution in a wet bathroom
- The judge ruled in favor of Rang Manmi in NSW District Court on Wednesday
- Shwan has previously received $150,000 in damages for another neck injury
A man who says he’s suffered severe dizziness since slipping on a mat in a bathroom in 2014 has lost his lawsuit against the home’s owner – his brother.
Shwan Manmi, from Sydney, sued Rang Manmi for damages for injuries he said he suffered after slipping on the bath mat, falling backwards and striking his head and neck on the edge of the tub.
The now 40-year-old claimed his brother owed him a duty of care and breached that duty by placing a mat on the bathroom floor that was slippery.
Man sues his brother for a lack of care after he suffers injuries from a fall in his bathroom 2014 (stock picture of bath mat)
It was argued Rang Manmi knew – or should have known – it was a slip hazard and unsafe.
Shwan Manmi said his brother should have ensured it was a non-slip mat and warned him of the presence of the slippery mat at the Bonnyrigg Heights house.
But Judge Matthew Dicker in the NSW District Court on Wednesday found in favour of Rang Manmi, ordering his older brother to pay his legal costs.
Shwan Manmi previously was awarded $150,000 damages after injuring his neck and back when he slipped on a bottle and fell down some stairs at the Marconi Club in 2007.
Judge Dicker found both brothers, who are not on good terms, to be honest witnesses.
He accepted medical evidence that Mr Manmi had pre-existing neck problems arising from the 2007 accident and that his later loss of balance and dizziness was not connected to the mat fall.
In rejecting the claim of breach of duty of care, the judge said the risk of slipping on a mat in a bathroom was ‘clear and obvious’ and a reasonable person would exercise caution due to the potential for the floor to be damp or wet.
Judge Matthew Dicker in the NSW District Court (pictured) on Wednesday found in favour of Rang Manmi, ordering his older brother to pay his legal costs