Event and Time
Event Description
On May 31, 2021, Ms. Gomez slipped on a piece of mango in a Woolworths supermarket located at the MetCentre in Sydney. The mango had recently been dropped in the entrance area, which was marked by a green floor sign that potentially obscured the visibility of the hazard. The incident occurred shortly after the mango's drop, and security camera footage captured the sequence of events.
Application and Claims
Ms. Gomez claimed that Woolworths failed to uphold their duty of care to her, as they had inadequate systems for cleaning and inspecting the store, leading to her injuries from slipping on the mango. The appeal involved attacks on the trial judge’s factual findings regarding Woolworths’ employees’ obligations to inspect and clean the store effectively.
Judicial Decisions
The court upheld the original decision, dismissing Ms. Gomez's appeal. The judgment affirmed that Woolworths' systems for inspection were adequate and did not impose additional duties on employees after they had finished their shifts.
Dispute Points and Legal Basis
Dispute Points
- Claimant's Position (Ms. Gomez):
- Alleged that the employees failed to implement adequate cleaning systems and should have inspected the area where she slipped. - Argued that the mango was easily visible and would have been seen had proper inspections occurred.
- Defendant's Position (Woolworths):
- Contended that employees were not obligated to conduct inspections while off duty. - Asserted that the piece of fruit was not readily visible and hence did not constitute a breach of duty. - Maintained that an adequate “clean as you go” system was in place, with training given to employees.
Challenges to Factual Findings
- Ms. Gomez challenged the factual determination that: