Coles shopper loses battle for compensation after slipping on lettuce

A woman from Melbourne who said she hurt her knee and back when she slipped on a piece of lettuce at the grocery store has lost her legal case.

Kanwaleen Bhelley alleged that the event at the Coles shop in Wyndham Vale in May 2020 caused her to suffer a Whole Person Impairment (WPI) of more than five per cent.



Whole Person Impairment (WPI) is a rating system that is used to determine the severity of a person's serious injury. In simpler terms, it is a way to figure out how much of their 'personality' or 'behaviour' has been permanently changed by their physical or mental accident.

The medical evaluations that Ms Bhelley obtained support her assertion that the fall caused her impairment to a greater extent than five per cent.

However, the grocery chain did not believe these reports and instead referred the matter to a medical panel, which evaluated the woman in 2021.

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Ms Bhelley said that she hurt her knee and back because she tripped over a piece of lettuce. Credit: News.com.au.

According to the medical examiners, Ms Bhelley's ageing and the subsequent therapy for her right knee contributed to the degeneration of her spine and sacroiliac joints.

The panel reached the conclusion that her condition was stable and that she did not have sufficient WPI to qualify for compensation.

So, the 43-year-old woman filed an appeal against the decision with the Victorian Supreme Court, saying that the panel made mistakes about its jurisdiction.



The court documents say: 'In particular, she alleges that, in finding that her injuries did not satisfy the threshold level, the Panel either did not apply the Guides; mistook or misapplied the provisions of the Guides; or made a finding that was not open to it, or which was unreasonable.'

'Mrs Bhelley submitted that, absent such error, the panel would have determined that her degree of whole person impairment resulting from her spinal injury was 5 per cent, satisfying the significant injury threshold and in turn entitling her to claim noneconomic loss damages.'

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Coles rejected the initial report and forwarded it to a medical panel, which found Ms Bhelley's injuries did not warrant compensation. Credit: News.com.au.

Ms Bhelley said that the injuries she got when she fell in the supermarket in 2020 affected her immensely, made it hard for her to move around, and kept her from going to concerts and her temple.

In addition, she claimed she could only drive for an hour at a time before her lower back started to hurt and that she avoided running because she thought it might hurt her right knee.

'She can stand for about 10 minutes before she has to stretch her back,' the panel wrote in their report.

'She can walk for about 30 minutes, (but) after about 500m, she notices mild right knee pain, so stops walking to sit or stand for about 10 minutes. She can traverse stairs without difficulty, using alternate stair treads for both ascending and descending, with no lower back or right knee issues.'



Even though it has been two years since Ms Bhelley's fall, Judge Andrea Tsalamandris acknowledged that she may still be experiencing symptoms or complaints related to the incident.

In her ruling on Friday, however, she concluded that the panel had not made any mistakes in their evaluation, and she thus dismissed the woman's appeal.

'It was open to the panel to determine that Ms Bhelley's complaints and symptoms were most appropriately categorised,' Judge Tsalamandris wrote in her decision.

'I am not satisfied that there was a jurisdictional error made by the panel, and therefore dismiss this application.'

So, what do you think, folks? Do you feel that Ms Bhelley deserved compensation? Or is she putting too much blame on the store? Let us know in the comments!
 
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There was a time in the not too distant past that if you fell you got back up, called yourself all sorts of idiot and got on with your day. What you didn't do was to look around for someone to blame. Compensation was for those people who had catastrophic injuries or in cases of extreme negligence. We are fast heading down the road of America where you sue for every slight or bruise and it's the fault of everyone else but you. :(
 
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It's tough when you sustain an injury and feel that someone else is to blame.
You feel as if they owe you, they should pay you for your pain and suffering.
Yes, you do suffer, you do feel pain, but sometimes, people forget they have a responsibility to be careful.
In time, your pain will lessen and you will start to feel more confident, and before you know, all will be well.
If you focus on the negative, you'll never feel better, you will remain bitter.
Be positive, be responsible for your own recovery.
 
There was a time in the not too distant past that if you fell you got back up, called yourself all sorts of idiot and got on with your day. What you didn't do was to look around for someone to blame. Compensation was for those people who had catastrophic injuries or in cases of extreme negligence. We are fast heading down the road of America where you sue for every slight or bruise and it's the fault of everyone else but yours. :(
Having worked in medicine for 42 years, I have dozens of stories about spurious claims for compensation. A doctor I once worked with told me of a medico legal case he’d dealt with that morning. A 38 year old man had been referred by his solicitor, because he’d suffered a work ending injury. It was a fully healed, formerly broken little toe! I’m totally serious. He’d dropped something on his foot at work, and was suing his employer.
 
To be honest coles and woollies are quick to react on spillages. If I see a spillage I will let them know.
They do have a duty of care for their customers.

I fell and damaged my knee and still suffering. The council made a huge mistake with the kerb. It was a crossing but when the crossing met the kerb it was a huge dip , it is now fixed but I still suffer and can nolonger where heels for long. Did I sue ... NO but I was very embarrassed when I fell
Leave the suing to what needs to be sued unless you have long term pain.

I have had surgery that went wrong , I had a gallbladder out 2019 and surgeon suggested to remove my umbilical hernia as he was going in that way, say it was an easy operation.. and that's where my nightmare began.

My belly got badly infected , I managed to work but many trips to the bathroom.

The surgeon said it was normal that my body was getting use to the mesh.

He was that rude I got another opion.

I will cut my story short.

2021 I had surgery to clean it out a debridement , spent 5 days in hospital unfortunately it didn't work.

I got so sick most foods make me vomit, I lived on milkshakes and yoghurt.

I asked for my original medical files and found out the mesh he used was recalled 3 years prior to my surgery.

This mesh stuck to organs.

Now not only ooze constantly coming out I had at times a large ammount of blood.

I had surgery again may this year to find out it was worst than the surgeon thought.

The original Surgeon had stitched the mesh to my bowel which caused a tiny hole that caused a chronic infection.
I lost my whole umbilicus. I lost a large ammount of my abdominal wall. Both my small and large bowel needed repairing.
They removed the mesh

Surgery lasted 3 hours and for 5 days I was in extreme pain

I will need more surgery to place another piece of mesh in as I have no support in my abdomen .

I am suffering stomach cramping due to the ammount of stitches and looks like a stitch was sewn into a nerve ( couldn't be helped dut to the large hole and large ammont of stitches)

I can not work

I'm suffering physical pain and mental pain

I'm on antidepressants , seeing a psychologist .


I lived on keflex for 18 months I doubt antibiotics would work on me now.

I am always tired no energy. My Surgeon said it's normal with the kind of surgery I had.

I was always a hard worker , in 13 years no sick days I went to work sick

Had a great physical life style, walking every day , week end trips now I'm lucky if I can walk 1 km.

I think my reason is more than enough to Sue
 
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To be honest coles and woollies are quick to react on spillages.

I fell and damaged my knee and still suffering. The council made a huge mistake with the kerb. It was a crossing but when the crossing met the kerb it was a huge dip , it is now fixed but I still suffer and can nolonger where heels for long. Did I sue ... NO but I was very embarrassed when I fell
Leave the suing to what needs to be sued

I have had surgery that went wrong , I had a gallbladder out 2019 and surgeon suggested to remove my umbilical hernia as he was going in that way, say it was an easy operation.. and that's where my nightmare began.

My belly got badly infected , I managed to work but many trips to the bathroom.

The surgeon said it was normal that my body was getting use to the mesh.

He was that rude I got another opion.

I will cut my story short.

2021 I had surgery to clean it out a debridement , spent 5 days in hospital unfortunately it didn't work.

I got so sick most foods make me vomit, I lived on milkshakes and yoghurt.

I asked for my original medical files and found out the mesh he used was recalled 3 years prior to my surgery.

This mesh stuck to organs.

Now not only ooze constantly coming out I had at times a large ammount of blood.

I had surgery again may this year to find out it was worst than the surgeon thought.

The original Surgeon had stitched the mesh to my bowel which caused a tiny hole that caused a chronic infection.
I lost my whole umbilicus. I lost a large ammount of my abdominal wall. Both my small and large bowel needed repairing.
They removed the mesh

Surgery lasted 3 hours and for 5 days I was in extreme pain

I will need more surgery to place another piece of mesh in as I have no support in my abdomen .

I am suffering stomach cramping due to the ammount of stitches and looks like a stitch was sewn into a nerve ( couldn't be helped dut to the large hole and large ammont of stitches)

I can not work

I'm suffering physical pain and mental pain

I'm on antidepressants , seeing a psychologist .


I lived on keflex for 18 months I doubt antibiotics would work on me now.

I am always tired no energy. My Surgeon said it's normal with the kind of surgery I had.

I was always a hard worker , in 13 years no sick days I went to work sick

Had a great physical life style, walking every day , week end trips now I'm lucky if I can walk 1 km.

I think my reason is more than enough to Sue
I'm also allergic to most muscle relaxants which is part of the anesthesetic that relax you so you or your muscles don't move.

I will share that story later

I had a test to show what I could have which still had a ? . This was done 25 years ago.

With my first surgery the gall bladder and hernia it was done with muscle relaxants but they used heavy medication a type of morphine but after surgery they had trouble waking me up it took 10 hours before I woke. I woke feeling very ill and vomiting

My surgery for the debridement the anesthesist was a friend of my daughter, he never used relaxants but what he used I woke up straight after surgery and I felt fine

I went for further allergy testing at the request of my anesthesist

When I had my last surgery they had to use relaxants but fortunately my anesthesist knew what to use. I woke up in a lot of pain but that was caused through the procedure .

Part of my stress was through worrying that I wouldn't wake up .

The rest was I knew there was something wrong in my body and I felt like I was being a hypercondriac , or this is was what the doctors made me feel. Except my GP who was very understanding and concerned.

Unfortunately we can't help how our brain or body react.

It's ok to say there is something wrong with our mind and body , and seek help.

I speak openly as I'm not embarrassed, pretty hard to embarrass me. But I hope what ever I say may help others .
 
I had a fight with a lift door back in 2019. I was knocked to the floor by a closing door that wasn't stopping because a person was in the way as most lifts do. I was very badly injured but the store didn't call an ambulance as they should have! I had to arrange through my doctor to have all the relevant tests done. As a result of this, I have lost a lot of my mobility & can no longer walk any distance at all. I have a lift as I cannot climb the stairs to my bedroom. I can no longer ride my mobility scooter as I cannot turn my neck. I can't hang washing as my left arm no longer is able to be lifted high enough to either hold washing or peg it. I received $1,000.00 from the shopping centre on a take it or leave it basis. 3 years on I am still unable to do what I could before the accident, no one cares about the long-term effect that you suffer from this type of problem.
 
To be honest coles and woollies are quick to react on spillages.

I fell and damaged my knee and still suffering. The council made a huge mistake with the kerb. It was a crossing but when the crossing met the kerb it was a huge dip , it is now fixed but I still suffer and can nolonger where heels for long. Did I sue ... NO but I was very embarrassed when I fell
Leave the suing to what needs to be sued

I have had surgery that went wrong , I had a gallbladder out 2019 and surgeon suggested to remove my umbilical hernia as he was going in that way, say it was an easy operation.. and that's where my nightmare began.

My belly got badly infected , I managed to work but many trips to the bathroom.

The surgeon said it was normal that my body was getting use to the mesh.

He was that rude I got another opion.

I will cut my story short.

2021 I had surgery to clean it out a debridement , spent 5 days in hospital unfortunately it didn't work.

I got so sick most foods make me vomit, I lived on milkshakes and yoghurt.

I asked for my original medical files and found out the mesh he used was recalled 3 years prior to my surgery.

This mesh stuck to organs.

Now not only ooze constantly coming out I had at times a large ammount of blood.

I had surgery again may this year to find out it was worst than the surgeon thought.

The original Surgeon had stitched the mesh to my bowel which caused a tiny hole that caused a chronic infection.
I lost my whole umbilicus. I lost a large ammount of my abdominal wall. Both my small and large bowel needed repairing.
They removed the mesh

Surgery lasted 3 hours and for 5 days I was in extreme pain

I will need more surgery to place another piece of mesh in as I have no support in my abdomen .

I am suffering stomach cramping due to the ammount of stitches and looks like a stitch was sewn into a nerve ( couldn't be helped dut to the large hole and large ammont of stitches)

I can not work

I'm suffering physical pain and mental pain

I'm on antidepressants , seeing a psychologist .


I lived on keflex for 18 months I doubt antibiotics would work on me now.

I am always tired no energy. My Surgeon said it's normal with the kind of surgery I had.

I was always a hard worker , in 13 years no sick days I went to work sick

Had a great physical life style, walking every day , week end trips now I'm lucky if I can walk 1 km.

I think my reason is more than enough to Sue
You poor lady!! I feel sorry for you. We put ourselves in Drs hands, trusting they know what they’re doing, but do they? Hope that in some way, you get better. Must be so hard for you to go through all those problems. Take care 😟
 
I had a fight with a lift door back in 2019. I was knocked to the floor by a closing door that wasn't stopping because a person was in the way as most lifts do. I was very badly injured but the store didn't call an ambulance as they should have! I had to arrange through my doctor to have all the relevant tests done. As a result of this, I have lost a lot of my mobility & can no longer walk any distance at all. I have a lift as I cannot climb the stairs to my bedroom. I can no longer ride my mobility scooter as I cannot turn my neck. I can't hang washing as my left arm no longer is able to be lifted high enough to either hold washing or peg it. I received $1,000.00 from the shopping centre on a take it or leave it basis. 3 years on I am still unable to do what I could before the accident, no one cares about the long-term effect that you suffer from this type of problem.
You still have the right to see a solicitor to explore your options about seeking further compensation for long-term issues from the incident. It's a hard step to take, but hopefully, it's worth it.
It takes a lot of time and emotional energy, but if you don't try, you may forever regret it.
 
It’s OUR Own duty of care when we go into a supermarket, store etc..
Time people were made to take responsibility for their actions. Was it easier to stand on the lettuce leaf than pick it up? In many cases (I’m NOT referring to serious cases) physio can’t cure but can help to lessen pain.
 
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This was a well known scam years ago so supermarkets were very diligent in picking up dropped veg & fruit. Makes it hard for genuine people. I usually pick up if I see any as some shoppers aren't as alert.
 
This was a well known scam years ago so supermarkets were very diligent in picking up dropped veg & fruit. Makes it hard for genuine people. I usually pick up if I see any as some shoppers aren't as alert.
I always report spilled liquid or food on the floor, in supermarkets or shopping centres. I stand there until someone comes to attend to it or puts cones around it.
I don't pick anything up myself, as I don't bend very well.
 
I was working for Coles, finished my shift and went to woollies to get a couple of things that were on special and about five or six steps in side the store, went to grab a lettuce when I slipped on a wet patch. Tried to stop the fall by putting my arm on the case, but landed on my knee and badly bruised my arm trying to stop the fall. A couple of workers came straight over to me. The Manager then sat me done on a bench seat and checked me over. I said I was sore but would be ok. He said I will take you to your car. I said I’m on foot thank you I will go home. He said no way. What were you going to buy, I had a shopping list, he said stay here I will get everything on your list,and gave me everything for free then said I will drive you home. I thought it was great service. The next day he rang to see how I was, and sent me forms to fill out, if I was unable to work so that I could be compensated Great service. This happened a couple of years a go.
 
I was working for Coles, finished my shift and went to woollies to get a couple of things that were on special and about five or six steps in side the store, went to grab a lettuce when I slipped on a wet patch. Tried to stop the fall by putting my arm on the case, but landed on my knee and badly bruised my arm trying to stop the fall. A couple of workers came straight over to me. The Manager then sat me done on a bench seat and checked me over. I said I was sore but would be ok. He said I will take you to your car. I said I’m on foot thank you I will go home. He said no way. What were you going to buy, I had a shopping list, he said stay here I will get everything on your list,and gave me everything for free then said I will drive you home. I thought it was great service. The next day he rang to see how I was, and sent me forms to fill out, if I was unable to work so that I could be compensated Great service. This happened a couple of years a go.
That's great that they took care of you . How is your knee now ? Did you need time of work
 
I thought about this a bit more.
A shop does have a duty of care to make sure its a safe place for customers.

If a customer falls because of something on the ground then depending on how severe the injury is then they should be compensated. Loss of wages, doctors bill ect

The do have cameras in all stores so can see how bad the fall was and if the customer did it on purpose, then you have the doctors report .

I think it should be based on each circumstance.

With all the large potholes on our roads these are causing huge damage to our cars.

We could say council or the RTA is responsible for damage but they apparently aren't.
 
My daughter and I went to have a pedicure today and my normal place was fully booked so we went to another up from them. Thinking how different can it be....
How wrong could I be ..not only did she do half the job but she cut me badly.
She was using a scrubbing thing and as she was doing the side of my toe it started to feel raw and painful .
When I looked there was a cut there , bleeding and stinging. When I showed her what she did she replied ' oh it will be better in a day'

When I got home and showed my other daughter she asked where I went her reply was omg I told you not to go there ...they had cut her finger
 

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