Keremelevski v Payless Superbarn (NSW) Pty Ltd

In *Keremelevski v Payless Superbarn (NSW) Pty Ltd* [1995] NSWCA 238, the New South Wales Court of Appeal considered an appeal from a decision of the District Court concerning a claim for damages for personal injury. The appellant, Mr. Keremelevski, had suffered injuries when he slipped and fell on a wet floor inside the respondent's supermarket.

The central legal issue before the Court of Appeal was whether the respondent had breached its duty of care to the appellant, and if so, whether that breach caused the appellant's injuries. Specifically, the court had to determine if the respondent had taken reasonable steps to prevent a foreseeable risk of harm to its customers from slipping on a wet floor, and if the appellant's fall was a direct consequence of any such failure.

The Court of Appeal found that the respondent had not breached its duty of care. The evidence indicated that the respondent had a system in place for inspecting and cleaning the floor, and that the spill which caused the fall had occurred only a short time before the incident. The court applied the principles of negligence, emphasizing that a defendant is not an insurer of the safety of its customers and is only required to take reasonable precautions against foreseeable risks. In this instance, the court concluded that the respondent had acted reasonably in the circumstances. The appeal was dismissed.