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ARTICLE · 08 SEPTEMBER 2017

Limelight Issue No. 73: Slip and fall in the supermarket

Gilchrist Connell
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If a reasonable system of inspection is in place, the Courts are more likely to find in favour of owners and occupiers.

AustraliaLitigation, Mediation & Arbitration
Alison Townend
Alison Townend
Jamie Ling
Jamie Ling
Stephen Connell
Stephen Connell
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Introduction

On 14 August 2017, the New South Wales Court of Appeal unanimously allowed an appeal bought by Woolworths Ltd of a District Court judgment in favour of Colleen McQuillan, who had slipped and fallen on a grape in the produce section of Woolworths Leichhardt.

The decision confirms the willingness of at least the appellate Courts to find in favour of owners and occupiers of commercial premises in personal injury cases where there is a reasonable system of inspection in place that is being adhered to at the relevant time.

Incident

Ms McQuillan attended Woolworths Leichhardt on a Sunday morning in November 2012, shortly after the supermarket had opened at 10am. At 10.06am, in the produce section of the supermarket, Ms McQuillan slipped and fell on a grape.

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