Watch out for the mangoes! Slip and Fall Injury Compensation
Injuries caused by a “slip and fall” are a common yet often overlooked hazard that can have serious consequences. These incidents can happen anywhere – at home, at work, or in public spaces such as shopping centres – and can affect people of all ages. Understanding the causes, consequences and preventive measures of slip and fall injuries is essential for maintaining safety and well-being. But what happens when the injury happens in a store or other public place? Is it always the responsibility of the store owner and should they be held liable for the injury?
Are you entitled to compensation for slip and fall injuries?
Slip and fall injuries can be serious and shopping centres and stores are one of the most common places for an incident to occur. When someone is injured, a question often arises as to whether the store or business concerned can be held responsible for causing the injury, or whether they failed in preventing it from occurring.
In the recent case of Gomez v Woolworths Group Limited [2024] NSWCA 121, the NSW Supreme Court, Court of Appeal considered an Appeal brought on behalf of an injured person.
On 31 May 2021 at approximately 5:11 pm, the injured person slipped and fell on a piece of mango that was on the floor at the entrance to the MetCentre Woolworths store in Sydney. Having suffered a personal injury as a result of the slip and fall, Ms Gomez commenced damages proceedings against Woolworths as the occupier of the store.
Woolworths conceded that it owed the injured person a duty of care, and admitted that a piece of fruit was dropped on the floor by a customer at approximately 5:02 pm, but denied that it had breached its duty of care. Woolworths argued that it had taken reasonable precautions by implementing a policy of inspection and cleaning of the store which included (i) hourly floor inspections called the “service zero” policy, and (ii) a “clean as you go” system, that required all employees to tidy up as they worked in an area.
In the NSW District Court, the primary judge held that Woolworths’ failure to conduct a “service zero” inspection at 5:00pm on 31 May 2021 was a breach of its duty of care, and further, Woolworths’ failure to ensure that the hourly “service zero” system included that a staff member inspect the front of store area was a breach of duty.
However, his Honour held that, even if the “service zero” system was complied with and a floor inspection of the front of store was carried out at 5:00 pm on 31 May 2021, the injured person’s injuries would not have been prevented. The primary judge found that causation was not proven and dismissed the injured person’s claim.
The plaintiff (Ms Gomez) appealed this decision however the NSW Supreme Court, Court of Appeal dismissed the injured person’s appeal.
The Court of Appeal held that Woolworths’ breach of duty in not complying with the “service zero” system was not causative of the injured person’s injuries. Even if Woolworths had complied with that system of inspection and cleaning, by conducting a “service zero” inspection at 5:00 pm on 31 May 2021, the injured person would still have slipped and fallen, since the piece of mango was dropped on the supermarket floor at 5:02 pm.
There is no “rule” that the floor of a supermarket (or any other space frequented by people such as sports stadium, restaurant or café) needs to be inspected every 15 or 20 minutes. The frequency of inspection depends on the circumstances, and factors such as the type of material that might fall on the floor, and the number of people traversing the subject location.
What does this mean for you if you are injured?
Slip and fall injuries can be debilitating but are largely preventable with proper attention to environmental hazards and personal precautions.
However, it cannot always be proven that a business (whether a retail store, shopping centre, hotel or other public location) caused a person to slip and fall and injure themselves. Personal responsibility also plays a part.
If you have been injured in a public place, it pays to speak to an experienced personal injury lawyer as soon as possible after the event to determine whether you may be eligible to make a claim. The personal injury team at Colin Daley Quinn has many years of experience in this field and can provide fast, effective advice regarding your situation. Call CDQ for assistance on ph: 02 8556 0130.
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