Compensation for Slip and Fall Incidents

Having a fall in a supermarket and suffering injures is probably the last thing on your mind when you head off to the supermarket for your weekly shop. Unfortunately this does occur, leaving many with serious injuries and the need for time off work and extensive treatment.

In Strong v Woolworths [2012] HCA 5, the High Court set out the responsibilities of owners to keep their stores, and the footpaths within their land, free of hazards. The precedent placed responsibility on store owners to adopt systems of regular inspection and cleaning of their premises.

The ACT Court of Appeal recently expanded on Strong v Woolworths in Buljat v Coles Supermarkets Australia Pty Ltd [2022] ACTCA 71.

 

Background

In 2017, Ms Buljat slipped on a grape in a Coles supermarket while viewing displayed food. She suffered injury to her right leg and developed chronic pain syndrome and a psychological injury. Ms Buljat commenced proceedings against Coles, arguing their negligence in maintaining the store caused her injuries.

 

Decision in the First Instance

At the initial trial, the ACT Supreme Court ruled against Ms Buljat. Her Honour Balla AJ held that the Coles ‘clean as you go’ system, which instructed employees to amend any food or spillages they saw throughout the store during their shifts, was sufficient to meet Coles’ standard of care. Balla AJ cited Woolworths Ltd v McQuillan [2017] NSWCA 202 in holding that an employee failing to observe and clean a single grape in the store did not amount to negligence.

 

Decision at the Court of Appeal

Ms Buljat appealed the Supreme Court’s decision to the ACT Court of Appeal.

The Court of Appeal found the ‘clean as you go’ approach did not meet Coles’ standard of care. In reaching this decision, the Court held the system neither ensured sufficient personnel were available to identify hazards, nor guaranteed inspections would be held at frequent intervals. The Court referred to evidence that grapes were commonly dropped in supermarkets, and that Coles did not task any employee to monitor for hazards or have responsibility for areas within the store.

The Court of Appeal found Coles breached their duty of care to Ms Buljat, and that breach caused her injuries.

 

Significance of Buljat v Coles Supermarkets Australia Pty Ltd

The Court of Appeal held stores should have systems in place where staff would inspect potential slipping hazards at least once an hour. If this standard is not upkept, injuries of patrons of a store that are caused by the failure to maintain adequate and effective cleaning systems can lead to entitlement to compensation.

The injury and compensation team at Chamberlains are experienced in slip and fall matters, and can assist you in achieving fair compensation for injuries suffered due to the negligence of store owners and their employees.