Lewis v Kmart Australia Ltd

The plaintiff, Lewis, sued Kmart Australia Ltd for damages following an incident where a chair provided for customer seating in a Kmart store collapsed, causing the plaintiff to suffer injuries. The matter was heard in the County Court of Victoria. The plaintiff alleged that Kmart was negligent in providing a chair that was unfit for use, leading to the collapse and subsequent injuries. The defendant argued that it had exercised reasonable care and that the plaintiff's injuries were not caused by the chair collapse.

The court was tasked with determining whether Kmart breached its duty of care towards the plaintiff. This involved assessing whether the chair was defective and whether Kmart was aware, or ought to have been aware, of the defect. The court also needed to decide if the plaintiff's injuries were directly caused by the chair collapse, and if so, to what extent. Furthermore, the court had to consider the assessment of damages, including economic loss and home care requirements, in light of the plaintiff's long prior history of injuries and medical treatment.

The court found that Kmart had indeed breached its duty of care by providing a chair that was unsafe for use, which directly caused the plaintiff's injuries. The court held that Kmart was liable for the plaintiff's damages, including economic loss and home care requirements. The court determined that the plaintiff's prior medical history did not bar the recovery of damages caused by the chair collapse. The court ordered judgment in favour of the plaintiff, with costs awarded to the plaintiff. The parties were granted liberty to bring in short minutes of order reflecting the agreed sum for judgment. The defendant was also ordered to pay the plaintiff’s costs, with liberty to apply in relation to those costs. Exhibits were retained for 28 days.