Woman wins $27k settlement after slipping on a grape in Coles

We've all experienced a terrible grocery shop at times, either due to overcrowding, long lines, or even rude customers.

However, one woman's visit to a Coles supermarket in Canberra resulted in a fall that left her with an injury in her right leg — and a large compensation payout.

The incident happened on September 23rd, 2017, when the shopper slipped on a grape while walking past the store's meat display.


She was denied any financial compensation by the ACT Supreme Court in March, but after a more detailed analysis of the case, the Court of Appeal reversed the judgement and the woman was awarded $27,309 for her troubles.

A key detail behind the woman’s drawn-out victory: Coles’ cleaning policy.

When the woman lost her case earlier this year, reports say it was determined that the supermarket giant was not liable for the woman’s injuries and did not breach its duty of care.


pexels-photo-7214926.jpg
An unfortunate accident involving grapes injured a woman in 2017 — and gave her a $27,000 settlement later on. Stock Image Credit: Pexels/Anna Nekrashevich


However, this time, the court gave weight to testimonies from Coles employees that said grapes were the most common item that customers would slip on in stores.

Customers were prone to dropping pieces of the fruit along the store as they ate it (or fed it to others, like their children).

The Court of Appeal looked at the store’s cleaning scheme, and it was found that while professional cleaners took over cleaning in stores before and after work hours, cleaning while the store was open was done by staff on a ‘clean as you go’ basis.


A part of the decision read: ‘The appellant’s fall occurred six hours and 32 minutes after opening. Accordingly, there had been no specific cleaning during this period. Safety for this period relied entirely upon staff, going about their normal duties, identifying hazards…’

It was also found that the area where the woman slipped was not one staff would regularly pass by.

The Court of Appeal stated further in their findings that the woman's accident could have been avoided had there been a proper cleaning and inspection system in place at the time of the woman’s accident.


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The Court of Appeals found flaws in Coles’ cleaning policies. Stock Image Credit: Pexels/Nothing Ahead


‘That system carried with it the likelihood that spills and items on the floor would be missed because there was no dedicated attention paid to that issue at any particular time,’ the decision said.

‘A system of dedicated inspection would have detected a grape or other spill or slip hazard in the area.

'The probability is that such a system would have prevented the harm that occurred.'


On the topic of cases, most slip-and-fall claims — which hold those in charge of the premises where a person’s injuries were obtained — are settled out of court and take about a year at most to resolve once injuries are treated.

Taking these cases to court when settlement fails takes longer at about 12-18 months.

Payouts for similar cases vary greatly, ranging from a couple of thousand dollars to millions, and depend on different factors, such as the lost potential for income of the injured party, total medical expenses, the degree of suffering the injured party obtained, and permanent disability.


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Depending on various factors, the payout for slip and fall claims can reach millions of dollars. Stock Image Credit: Pexels/Ekaterina Bolovtsova


This story is a reminder to always be aware of our surroundings, especially in places like supermarkets where we can't guarantee the conditions we'll find.

If you do find yourself in an accident in a public place, it’s important to not rule out the possibility of taking legal action.

Gather as much evidence as you can, including any photos you may have of the area where the incident happened, and speak to a lawyer if you think you have a case.


Speaking of suits, you might want to read more about a woman from WA whose relaxing day out at a spa led to a horrific injury or a man who took the manufacturer of Skittles to court over allegations of the lollies being tainted with a toxic compound.

So, what is your reaction to this story? Have you had a similar case of negligent stores or areas that led to an injury? How did you handle it?

Share your thoughts and experiences below!
 
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We've all experienced a terrible grocery shop at times, either due to overcrowding, long lines, or even rude customers.

However, one woman's visit to a Coles supermarket in Canberra resulted in a fall that left her with an injury in her right leg — and a large compensation payout.

The incident happened on September 23rd, 2017, when the shopper slipped on a grape while walking past the store's meat display.


She was denied any financial compensation by the ACT Supreme Court in March, but after a more detailed analysis of the case, the Court of Appeal reversed the judgement and the woman was awarded $27,309 for her troubles.

A key detail behind the woman’s drawn-out victory: Coles’ cleaning policy.

When the woman lost her case earlier this year, reports say it was determined that the supermarket giant was not liable for the woman’s injuries and did not breach its duty of care.


View attachment 10691
An unfortunate accident involving grapes injured a woman in 2017 — and gave her a $27,000 settlement later on. Stock Image Credit: Pexels/Anna Nekrashevich


However, this time, the court gave weight to testimonies from Coles employees that said grapes were the most common item that customers would slip on in stores.

Customers were prone to dropping pieces of the fruit along the store as they ate it (or fed it to others, like their children).

The Court of Appeal looked at the store’s cleaning scheme, and it was found that while professional cleaners took over cleaning in stores before and after work hours, cleaning while the store was open was done by staff on a ‘clean as you go’ basis.


A part of the decision read: ‘The appellant’s fall occurred six hours and 32 minutes after opening. Accordingly, there had been no specific cleaning during this period. Safety for this period relied entirely upon staff, going about their normal duties, identifying hazards…’

It was also found that the area where the woman slipped was not one staff would regularly pass by.

The Court of Appeal stated further in their findings that the woman's accident could have been avoided had there been a proper cleaning and inspection system in place at the time of the woman’s accident.


View attachment 10692
The Court of Appeals found flaws in Coles’ cleaning policies. Stock Image Credit: Pexels/Nothing Ahead


‘That system carried with it the likelihood that spills and items on the floor would be missed because there was no dedicated attention paid to that issue at any particular time,’ the decision said.

‘A system of dedicated inspection would have detected a grape or other spill or slip hazard in the area.

'The probability is that such a system would have prevented the harm that occurred.'


On the topic of cases, most slip-and-fall claims — which hold those in charge of the premises where a person’s injuries were obtained — are settled out of court and take about a year at most to resolve once injuries are treated.

Taking these cases to court when settlement fails takes longer at about 12-18 months.

Payouts for similar cases vary greatly, ranging from a couple of thousand dollars to millions, and depend on different factors, such as the lost potential for income of the injured party, total medical expenses, the degree of suffering the injured party obtained, and permanent disability.


View attachment 10690
Depending on various factors, the payout for slip and fall claims can reach millions of dollars. Stock Image Credit: Pexels/Ekaterina Bolovtsova


This story is a reminder to always be aware of our surroundings, especially in places like supermarkets where we can't guarantee the conditions we'll find.

If you do find yourself in an accident in a public place, it’s important to not rule out the possibility of taking legal action.

Gather as much evidence as you can, including any photos you may have of the area where the incident happened, and speak to a lawyer if you think you have a case.


Speaking of suits, you might want to read more about a woman from WA whose relaxing day out at a spa led to a horrific injury or a man who took the manufacturer of Skittles to court over allegations of the lollies being tainted with a toxic compound.

So, what is your reaction to this story? Have you had a similar case of negligent stores or areas that led to an injury? How did you handle it?

Share your thoughts and experiences below!
Many years ago my mum slipped on a hot chip that was on the ground in a local shopping centre and inJured her knee. I wrote to the manager of the shopping centre to report the incident and with the view of possibly making a claim for any medical expenses that may arise. (Mum required minor surgery a few months later)
However the Manager stated that they take all due care and attention to the cleanliness of the area with their contracted cleaners doing a regular route of the shopping centre every 20 minutes! We weren’t happy at all about the unsympathetic approach, however we didn’t persue it any further. 👎
 
Fair enough to claim medical expenses, but I hardly think the woman would have racked up $27,000-odd of medical expenses in Australia where we have a decent health-care system. Still, I suppose the amount is peanuts to a company like Coles.
 
This exact same thing happened to me years ago in my local Coles store. While rushing to get to a checkout as I had a bus to catch to collect my then very young granddaughters from Prep, I slipped and fell on a grape that had been squashed on the floor. The incident was witnessed by an employee who kept insisting that I fill out an incident report but I didn't have time as the bus was due in a few minutes. Thankfully the only thing I hurt was my dignity and I so should have been paying attention to where I was walking. I do now, always checking the floor in front of me and reporting anything on the floors to staff members.
 
Many years ago my daughter was riding her bike, she rode down her friends driveway, her front tyre went between the bars of a drain and she went over the handlebars and required 6 stitches in her chin. We got advice to contact the council which we did and they were out quick smart to weld cross bars onto the drain cover. We were also advised that we had a legitimate case against the council as the placement of the drain in relation to the driveway was illegal, however, we were also told that unless we had stacks of money we were unlikely to win as the council would fight it all the way, so the little person misses out again. :( :(
 
I've heard of so many cases where people would slip purposely just to make a claim.
I think coles might be fed up.

I once knew a lady , mum of my husbands friend who used to visited and once asked if I had insurance , she then went on and said you know if I fell while on your property I could sue you, I replied , then I better not invite you anymore . That was the last time I saw her. I dud hear from someone that she fell in woolworths and sued them 🤔
 
  • Wow
Reactions: Ricci
We've all experienced a terrible grocery shop at times, either due to overcrowding, long lines, or even rude customers.

However, one woman's visit to a Coles supermarket in Canberra resulted in a fall that left her with an injury in her right leg — and a large compensation payout.

The incident happened on September 23rd, 2017, when the shopper slipped on a grape while walking past the store's meat display.


She was denied any financial compensation by the ACT Supreme Court in March, but after a more detailed analysis of the case, the Court of Appeal reversed the judgement and the woman was awarded $27,309 for her troubles.

A key detail behind the woman’s drawn-out victory: Coles’ cleaning policy.

When the woman lost her case earlier this year, reports say it was determined that the supermarket giant was not liable for the woman’s injuries and did not breach its duty of care.


View attachment 10691
An unfortunate accident involving grapes injured a woman in 2017 — and gave her a $27,000 settlement later on. Stock Image Credit: Pexels/Anna Nekrashevich


However, this time, the court gave weight to testimonies from Coles employees that said grapes were the most common item that customers would slip on in stores.

Customers were prone to dropping pieces of the fruit along the store as they ate it (or fed it to others, like their children).

The Court of Appeal looked at the store’s cleaning scheme, and it was found that while professional cleaners took over cleaning in stores before and after work hours, cleaning while the store was open was done by staff on a ‘clean as you go’ basis.


A part of the decision read: ‘The appellant’s fall occurred six hours and 32 minutes after opening. Accordingly, there had been no specific cleaning during this period. Safety for this period relied entirely upon staff, going about their normal duties, identifying hazards…’

It was also found that the area where the woman slipped was not one staff would regularly pass by.

The Court of Appeal stated further in their findings that the woman's accident could have been avoided had there been a proper cleaning and inspection system in place at the time of the woman’s accident.


View attachment 10692
The Court of Appeals found flaws in Coles’ cleaning policies. Stock Image Credit: Pexels/Nothing Ahead


‘That system carried with it the likelihood that spills and items on the floor would be missed because there was no dedicated attention paid to that issue at any particular time,’ the decision said.

‘A system of dedicated inspection would have detected a grape or other spill or slip hazard in the area.

'The probability is that such a system would have prevented the harm that occurred.'


On the topic of cases, most slip-and-fall claims — which hold those in charge of the premises where a person’s injuries were obtained — are settled out of court and take about a year at most to resolve once injuries are treated.

Taking these cases to court when settlement fails takes longer at about 12-18 months.

Payouts for similar cases vary greatly, ranging from a couple of thousand dollars to millions, and depend on different factors, such as the lost potential for income of the injured party, total medical expenses, the degree of suffering the injured party obtained, and permanent disability.


View attachment 10690
Depending on various factors, the payout for slip and fall claims can reach millions of dollars. Stock Image Credit: Pexels/Ekaterina Bolovtsova


This story is a reminder to always be aware of our surroundings, especially in places like supermarkets where we can't guarantee the conditions we'll find.

If you do find yourself in an accident in a public place, it’s important to not rule out the possibility of taking legal action.

Gather as much evidence as you can, including any photos you may have of the area where the incident happened, and speak to a lawyer if you think you have a case.


Speaking of suits, you might want to read more about a woman from WA whose relaxing day out at a spa led to a horrific injury or a man who took the manufacturer of Skittles to court over allegations of the lollies being tainted with a toxic compound.

So, what is your reaction to this story? Have you had a similar case of negligent stores or areas that led to an injury? How did you handle it?

Share your thoughts and experiences below!
What happened to self responsibility. We have too much Americanised 'it is always someone else's responsibility'.
 
"The Court of Appeal stated further in their findings that the woman's accident could have been avoided had there been a proper cleaning and inspection system in place at the time of the woman’s accident." Could've been avoided too if she was watching where she was walking, we're that Americanised now we just want to sue everyone.
 
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We've all experienced a terrible grocery shop at times, either due to overcrowding, long lines, or even rude customers.

However, one woman's visit to a Coles supermarket in Canberra resulted in a fall that left her with an injury in her right leg — and a large compensation payout.

The incident happened on September 23rd, 2017, when the shopper slipped on a grape while walking past the store's meat display.


She was denied any financial compensation by the ACT Supreme Court in March, but after a more detailed analysis of the case, the Court of Appeal reversed the judgement and the woman was awarded $27,309 for her troubles.

A key detail behind the woman’s drawn-out victory: Coles’ cleaning policy.

When the woman lost her case earlier this year, reports say it was determined that the supermarket giant was not liable for the woman’s injuries and did not breach its duty of care.


View attachment 10691
An unfortunate accident involving grapes injured a woman in 2017 — and gave her a $27,000 settlement later on. Stock Image Credit: Pexels/Anna Nekrashevich


However, this time, the court gave weight to testimonies from Coles employees that said grapes were the most common item that customers would slip on in stores.

Customers were prone to dropping pieces of the fruit along the store as they ate it (or fed it to others, like their children).

The Court of Appeal looked at the store’s cleaning scheme, and it was found that while professional cleaners took over cleaning in stores before and after work hours, cleaning while the store was open was done by staff on a ‘clean as you go’ basis.


A part of the decision read: ‘The appellant’s fall occurred six hours and 32 minutes after opening. Accordingly, there had been no specific cleaning during this period. Safety for this period relied entirely upon staff, going about their normal duties, identifying hazards…’

It was also found that the area where the woman slipped was not one staff would regularly pass by.

The Court of Appeal stated further in their findings that the woman's accident could have been avoided had there been a proper cleaning and inspection system in place at the time of the woman’s accident.


View attachment 10692
The Court of Appeals found flaws in Coles’ cleaning policies. Stock Image Credit: Pexels/Nothing Ahead


‘That system carried with it the likelihood that spills and items on the floor would be missed because there was no dedicated attention paid to that issue at any particular time,’ the decision said.

‘A system of dedicated inspection would have detected a grape or other spill or slip hazard in the area.

'The probability is that such a system would have prevented the harm that occurred.'


On the topic of cases, most slip-and-fall claims — which hold those in charge of the premises where a person’s injuries were obtained — are settled out of court and take about a year at most to resolve once injuries are treated.

Taking these cases to court when settlement fails takes longer at about 12-18 months.

Payouts for similar cases vary greatly, ranging from a couple of thousand dollars to millions, and depend on different factors, such as the lost potential for income of the injured party, total medical expenses, the degree of suffering the injured party obtained, and permanent disability.


View attachment 10690
Depending on various factors, the payout for slip and fall claims can reach millions of dollars. Stock Image Credit: Pexels/Ekaterina Bolovtsova


This story is a reminder to always be aware of our surroundings, especially in places like supermarkets where we can't guarantee the conditions we'll find.

If you do find yourself in an accident in a public place, it’s important to not rule out the possibility of taking legal action.

Gather as much evidence as you can, including any photos you may have of the area where the incident happened, and speak to a lawyer if you think you have a case.


Speaking of suits, you might want to read more about a woman from WA whose relaxing day out at a spa led to a horrific injury or a man who took the manufacturer of Skittles to court over allegations of the lollies being tainted with a toxic compound.

So, what is your reaction to this story? Have you had a similar case of negligent stores or areas that led to an injury? How did you handle it?

Share your thoughts and experiences below!
I had a similar problem but I did not take them to court (silly me) I went down an aisle and around the corner and unbeknown to me was a piece of Banana peel and boy did I go down. Fortunately nothing was broken but I still have pain in my knee. I made a complaint to coles and they gave me a very small amount in compensation and I had to sign a disclosure that I would not take it further. The point of the matter though is that an elderly person or one with hip problems would have been in real trouble. Coles at the time had a basket for children or others to help themselves so I guess it was a child who had dropped the banana peel So beware
 
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Reactions: Ricci

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