KATHY Strong’s case in the NSW District Court against Woolworths claimed its negligence caused her injury, as the area in front of Big W in Taree City Centre was inspected more than four hours before her crutch landed on a greasy chip.
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Subsequently in the NSW Court of Appeal, Woolworths disputed its responsibility for the injury, and the finding was that Kathy had failed to prove on the balance of probabilities that its negligence caused her fall.
As the chip was probably deposited at lunchtime it could not be concluded that, had there been a dedicated cleaning of the area every 15 minutes, the accident might not have occurred.
The High Court on Wednesday ruled the NSW Court of Appeal finding was wrong.
In a majority decision, four of the court’s judges said reasonable care required inspection and removal of slipping hazards at intervals not greater than 20 minutes in the sidewalk sales area, which was next to the food court.
On the balance of probabilities, Kathy would not have fallen but for the negligence of Woolworths, it said.
The High Court’s decision restored the original verdict from the NSW District Court, with the addition of interest and costs.
