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ARTICLE · 22 JUNE 2012

Public Liability: Considering the Probabilities

In the recent decision of Strong v Woolworths Ltd, the High Court revisited the issue of causation in slip and fall cases.

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Strong v Woolworths Ltd [2012] 285 ALR 420

Summary

In the recent decision of Strong v Woolworths Ltd [2012] 285 ALR 420, the High Court of Australia revisited the issue of causation in slip and fall cases where there is limited factual evidence available, and considered the inferences that can be made from those evidentiary gaps.

Background

On 24 September 2004 Kathryn Strong, the appellant, visited a temporary sidewalk sales area that was operated by Woolworths, trading as Big W, at the Centro shopping centre in Taree. The appellant walked with the aid of crutches. As the appellant stopped to inspect a pot plant at the edge of the sidewalk sales area at 12:30pm, her crutch came into contact with a hot potato chip (the chip), or with grease deposited by the chip, and the crutch slipped out from under her, causing her to fall.

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