Western Sydney Woman awarded Compensation after slipping on a Cabbage leaf at Supermarket

Published 07 Aug 2017

We represented Mrs X who sustained serious injuries when she slipped on a cabbage leaf in her local fruit and vegetable supermarket and sustained serious injuries.

Mrs X attended a local supermarket to pick up some groceries. She entered the store and was looking at the produce on the shelf when stepped on a cabbage leaf which was present on the floor of the premises. Her left foot suddenly gave way, causing Mrs X to slip and fall, sustaining serious injuries to her left knee, left leg, left shoulder, left hand, back, neck and general bruising.

Mrs X contacted GMP Compensation Lawyers seeking legal advice about her rights and entitlements in relation to this slip and fall. Upon obtaining instructions from our client, a file was opened for Mrs X and our Personal injury Lawyers served a letter of demand on the supermarket and commenced the formal investigation process.

On behalf of our client we also briefed a liability expert to analyse from an engineering/ scientific point of view, that if the floor became contaminated by a vegetable produce, would this substance cause the floor to become slippery and subsequently cause the plaintiff to slip and fall? Our expert concluded that it was common knowledge that leafy green vegetable leaves contained water, and if stepped upon, the water that is contained by those leaves would squeeze out, and thus will lubricate the hard pavement underneath causing the floor to become slippery.

Upon receiving our liability expert evidence in support of our clients case, we commenced formal proceedings in the District Court of Sydney against the supermarket, alleging that they had breached the duty of care owed to our client as they had failed to remove the vegetable matter from the floor, failed to place coverings on the floor to avoid the floor from becoming slippery when contaminated and failed to ensure the store implemented and maintained an adequate system of cleaning and inspection.

In addition to the above, medico-legal appointments were organised and we obtained medical evidence that indicated that our client had suffered serious injuries that would impact her capacity to carry out the domestic duties at home and that she will require further treatment in the foreseeable future.

Prior to participating in an informal settlement conference or having the matter listed for hearing, our client instructed us that she wanted to put an offer to the defendant to try and resolve the matter as quickly as possible. As per our client’s instructions, we made an offer to the Defendant and after some negotiations back and forth, we were able to settle the claim for a reasonable and fair amount. Our client was ecstatic that such a result could be achieved without the need of going to a court hearing.

Have you sustained an injury at your local supermarket? Do you have an enquiry about a personal injury claim? Contact our expert public liability lawyers today and speak to one of our experienced compensation lawyers at Gerard Malouf & Partners on 1800 004 878.