Event and Time
Event Description
- Plaintiff: Martha Cecil Chacon Gomez, involved in a slip and fall incident while shopping at Woolworths supermarket.
- Date of Accident: 31 May 2021 at approximately 5:11 PM.
- Incident Details: The plaintiff slipped on a piece of mango dropped by another customer at around 5:02 PM, causing her to sustain injuries.
Application and Claims
- Claim Type: The plaintiff brought a claim in negligence against Woolworths under the Civil Liability Act 2002 (NSW).
- Allegations: Breach of duty of care due to inadequate inspection and cleaning systems aimed at preventing slip hazards in the store.
- Plaintiff's Condition: Sustained a fractured right patella requiring medical intervention and ongoing treatment.
Judicial Decisions
1. Dismissal of Proceedings: The proceedings against Woolworths were dismissed. 2. Judgment for Defendant: Verdict and judgment were entered against the plaintiff. 3. Cost Orders: The plaintiff was ordered to pay Woolworths' costs associated with the proceedings.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Claims:
- Woolworths owed a duty of care to maintain the safety of its premises. - Woolworths failed to take reasonable precautions to prevent slip hazards. - A lack of adequate cleaning and inspection protocols led to the accident.
- Defendant's Arguments:
- Woolworths implemented reasonable cleaning systems, including “service zero” and “clean as you go”. - The slip occurred on a piece of fruit only minutes after it had been dropped, minimizing the likelihood of preventive action. - Causation was disputed; the defendant argued that even if all cleaning systems had been followed, the accident would still have occurred.