Introduction
On 7 March 2012 the High Court of Australia handed down its
judgment in the matter of Strong v Woolworths Limited
[2012] HCA 5, allowing an appeal in a slip and fall case and, in
doing so, has revisited the law on causation. The decision
addresses the evidentiary difficulties in slip and fall cases, and
has potentially far-reaching consequences for insurance, public
liability and personal injury law.
Facts
On 24 September 2004 the appellant was inspecting pot plants at
the sidewalk sales area outside the entrance to Big W at Centro
Taree Shopping Centre (the Centre). The sidewalk
sales area was under the control and care of the first respondent,
Woolworths Limited (Woolworths) trading as Big W.
The appellant is disabled, and at the material time, walked with
the aid of crutches as a consequence of having her right leg
amputated above the knee. At approximately 12.30pm the appellant
slipped and fell after her right crutch came into contact with
