Kaur v Bangari and Karyal Pty Ltd Trading as India Gate Warrnambool

This matter concerned a dispute between the plaintiff, Ms Kaur, and the defendants, Mr Bangari and Karyal Pty Ltd trading as India Gate Warrnambool. The plaintiff sought damages for personal injury arising from an incident that occurred on 15 March 2019 at the India Gate Warrnambool restaurant. The plaintiff alleged that she slipped on a wet floor inside the restaurant and sustained injuries as a result. The defendants denied liability, arguing that they had taken reasonable steps to ensure the safety of their patrons. The proceeding was heard in the County Court of Victoria.

The central legal issue before the court was whether the defendants breached their duty of care owed to the plaintiff under the *Wrongs Act 1958* (Vic). Specifically, the court was required to determine if the defendants failed to take reasonable precautions to prevent the foreseeable risk of harm to patrons from slipping on a wet floor within the restaurant premises. This involved assessing the adequacy of the defendants' cleaning procedures, the presence and visibility of warning signs, and the general state of the floor at the time of the incident.

Judge Riley found that the defendants had breached their duty of care. The court was not satisfied that the defendants had implemented a reasonable system of inspection and cleaning for the restaurant floor, particularly in the area where the plaintiff fell. While the defendants may have had some cleaning protocols in place, the evidence did not demonstrate that these were consistently or effectively applied. The absence of a visible warning sign indicating a wet floor at the precise location of the incident was also a significant factor in the court's determination. The court applied the principles of negligence, considering the foreseeability of the risk, the likelihood of injury, and the burden of taking precautions.

The court ordered that the defendants were liable for the plaintiff's injuries and awarded damages.