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