Franklins Selfserve Pty Ltd v Yehia (BY His Next Friend Yehia)

The New South Wales Court of Appeal considered an appeal by Franklins Selfserve Pty Ltd against a judgment awarded to Mr Yehia, who sued by his next friend. The dispute concerned an injury sustained by Mr Yehia while he was a customer in the Franklins supermarket.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in finding that Franklins was negligent in its duty of care to Mr Yehia, and if so, whether the quantum of damages awarded was excessive. Specifically, the court had to determine if the presence of a wet floor in the supermarket, without adequate warning, constituted a breach of Franklins' duty to ensure the safety of its customers.

The Court of Appeal upheld the trial judge's finding of negligence. It reasoned that Franklins owed a duty of care to its customers to take reasonable steps to prevent foreseeable harm. The presence of a wet floor, which was a direct result of Franklins' own operations (cleaning), created a foreseeable risk of slipping. The absence of warning signs or other precautions to alert customers to the wet condition was deemed a breach of that duty. The court found that the trial judge's assessment of damages was not demonstrably excessive and reflected the injuries sustained by Mr Yehia.

The appeal was dismissed, and the judgment of the trial court in favour of Mr Yehia was affirmed.