Slippery When Wet, Even After the Yellow Sign

PUBLISHED 08 Apr 2014

We acted for this client (CA) in relation to a Public Liability matter. Our client who worked at Woolworths was attending to getting some things from the shopping centre car park. This was early in the morning when the cleaning process was taking place. The cleaner was undertaking moping near a travelator which was the only access near by to the car park which our client needed to park. Whilst she was walking through the wet area, water collected on her shoes which caused her slip and fall heavily when she got on to the moving travelator.

Liability was denied by both the shopping centre owner, Mirvac and the contracting cleaning service, Glad Retail Cleaning services. At the primary case hearing, judgement was entered in our client’s favour in an excess of $500,000. This judgment was appealed by the cleaning service. This led to the shopping centre owners making an application to join in the appeal out of time.

The matter progressed to the court of appeal. The four bench found that Mirvac was an unable to show why it should be granted leave when our client had already been prejudiced by their delay. The four bench also found and upheld the primary judge’s decision. This was a very important victory for CA as she had almost lost her family home as a consequence of the injuries that she suffered. This victory was

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