A woman who tried to sue her landlord after she fell off an upstairs landing and was left paraplegic has had her case dismissed because a judge found she was 'severely intoxicated ' when she fell . Jane Hutch was having a celebratory drink at her rented townhouse in Doubleview , Perth , with her adult son and daughter on Christmas Day in 2009 after signing a lease on the property the previous day . Ms Hutch went upstairs at the two-storey property to find her bag , and when she could not see it in her bedroom she had a 'quick look ' over the balustrade of a landing at the top of the stairs to see if it was in the kitchen below . She lost her balance and fell over the balustrade , falling several metres onto the floor below . Ms Hutch suffered head and spinal injuries and is now a paraplegic . Jane Hutch tried to sue her landlord after she fell off an upstairs landing and was left paraplegic . She sued her landlord Christopher Geoffrey Ryan for damages in the District Court of Western Australia , claiming that the balustrade was too low and she was therefore unable to stop herself once she had begun to fall . But Judge Felicity Davis ruled that the accident was caused by Ms Hutch 's 'severe intoxication ' and Mr Ryan was therefore not liable for damages . Ms Hutch gave evidence that she and her son started drinking sparkling wine at 10.30am on December 25 , and said she 'probably ' drank a bottle or the equivalent of 6.5 standard drinks . The accident occurred just before 1.30pm and she was taken to hospital by ambulance . Tests at hospital found she had a blood alcohol level about six times the legal driving limit . Toxicologist Professor David Joyce gave evidence that Ms Hutch 's blood alcohol level suggested she had drunk between 20 and 21 standard drinks . Judge Felicity Davis ruled that the accident was caused by Ms Hutch 's 'severe intoxication ' and her landlord was therefore not liable for damages . 'Based on her plasma and blood alcohol level and Professor Joyce 's evidence , I find that the plaintiff was severely intoxicated and that this influenced her behaviour when it came to matters of safety , ' Judge Davis said . ' I find on the balance of probabilities that the reason the plaintiff leaned beyond the point of no return was because of her state of intoxication . ' Judge Davis also found that the balustrade measured 865mm and was compliant with building codes , despite Ms Hutch 's expert witnesses submitting evidence suggesting it only measured 857mm . The judge said the landlord 's expert witness , builder and building surveyor Darren Mouchmore , 'properly measured ' the balustrade and found it to be 865mm .
Jane Hutch , from Perth , fell off an upstairs landing and was left paraplegic . She was having a celebratory drink with her children on December 25 . Ms Hutch sued her landlord , claiming the balustrade was too low . But a judge found the accident was caused by Ms Hutch 's 'severe intoxication ' , as she had consumed between 20 and 21 standard drinks .