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ARTICLE · 01 JUNE 2024

Mango fandango – fruit fiasco in Gomez v Woolworths

Gilchrist Connell
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This NSW Appeal decision affirms the importance of the element of causation in the tort of negligence.

AustraliaLitigation, Mediation & Arbitration
Stephen Connell
Stephen Connell
Grace Devery
Grace Devery
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Personal injury litigation has always had a way of capturing the attention of the general public. Perhaps due to infamous cases like the McDonalds' "hot coffee" lawsuit in the United States, some people harbour a perception that any injury which occurs following negligence will be compensated.

The recent decision of the Court of Appeal in Gomez v Woolworths Group Limited [2024] NSWCA 121 provides a firm rebuttal of that view and highlights the importance of causation in the law of negligence.

Background

Ms Gomez suffered personal injury at 5:11pm on 31 May 2021, when, in the entrance area of the Woolworths store at the MetCentre in the Sydney CBD, she slipped on a piece of mango and fell.

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