Appeal dismissed in shopping centre slip and fall claim

In brief - Carnemolla v Arcadia Funds Management Ltd [2020] NSWCA 308 affirms decision that a shopping centre did not breach its duty of care in a slip and fall case where the centre could demonstrate an adequate cleaning regime and the plaintiff could not establish there was water on the terrazzo floor

The duty owed by retailers and shopping centre operators to prevent slips and falls remains a high one. However, the recent affirmed decision of Carnemolla demonstrates that where a defendant has a good defence supported by a detailed incident report, they can succeed. If the facts do not support the position of the claimant, the court won't allow them to rely on expert opinion that goes too far, in this case - that an entire floor needs to be replaced.