| Focus: |
Strong v. Woolworths Limited [2012] HCA 5 |
| Services: |
Insurance |
| Industry Focus: |
Insurance |
Slip and falls in shopping centres are a common cause of injury.
The High Court recently considered causation in the context of this
type of incident.
Facts
The appellant suffered severe spinal injuries when she slipped
and fell in the sidewalk sales area of a Big W located near a food
court within a shopping centre. Having had her right leg amputated
some years earlier, the appellant was mobilised by the use of
crutches. The mechanism of the fall was that her crutch had slipped
on a chip, or alternatively, on the grease left by a chip.
Decision
In the High Court it was not in issue that Woolworths Limited
(Woolworths), as owner of the Big W and occupier
of the area, owed a duty of care to entrants onto its premises.
Furthermore, as it was admitted Woolworths did not have any
cleaning system in place for the sidewalk sales area, it was