Incidents of slip and falls at an Australian supermarkets are common, but for a case to head to court is a rare occurrence.
In what could be another landmark case, 39-year-old Queenslander Andrea Downie is reportedly taking Woolworths to court for $320,000 after she slipped on a grape in its Tewantin store.
Her case will go to trial on November 17, however, the incident happened in March or April 2013. It is the length of time between the incident and the claim that have Woolworths stating that the injury was not as severe as Ms Downie claims.
Ms Downie said she is suffering post-traumatic stress disorder and adjustment disorder after taking a fall onto the supermarket floor. She stated the supermarket failed in its duty of care to maintain clean floors and that the grape in question was in clear view to store staff.
She also claims staff did not alert customers to potential hazards and spills or warn people about loose grapes or other food on the floor.
Woolworths has made an attempted settlement to Ms Downie, but it was rejected and the case will head to the Brisbane District Court later in the year. No injuries were reported to staff on the day of the accident, according to supermarket giant. This could potentially work against Ms Downie as incidents should be reported on site as soon as possible.
Many lawyers will advise people involved in slip and fall incidents to make sure it is on the record with management so they are aware of any injuries prior to someone leaving the store.
Despite their small size, grapes are the most common cause of slips and falls in supermarkets, according to a UK report.
Public liability in NSW
If you slip on grapes or any other fruit at the supermarket and are injured, you could be eligible for compensation.
However, to receive injury compensation, you will be required to demonstrate the owner of the supermarket where you were hurt, was remiss in their duty of care to you.
If you are unsure whether you are eligible to make a slip and fall injury claim, get in touch with the compensation lawyers at Gerard Malouf Partners today.
These lawyers operate on a no win no fee basis, so they can advise you on your chances for success free of charge – if they think you have a case, it’s completely up to you whether you engage their services.