McWilliams Wines Pty Ltd v Marie Serrao

McWilliams Wines Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the appellant's liability for injuries sustained by the respondent, Marie Serrao, who slipped and fell on a wet floor in a wine tasting room operated by the appellant. The respondent had been invited to the premises for a wine tasting event.

The primary legal issues before the Court of Appeal were whether the appellant owed a duty of care to the respondent, whether that duty had been breached, and if so, whether the respondent’s own conduct contributed to her injuries, thereby necessitating a reduction in damages. Specifically, the court had to consider the standard of care expected of a business owner in maintaining safe premises for invitees and the principles of contributory negligence.

The Court of Appeal, in dismissing the appeal, affirmed that the appellant owed a duty of care to its invitees, including the respondent, to take reasonable steps to prevent foreseeable harm. The court found that the presence of a wet floor in the tasting room, without adequate warning or measures to mitigate the risk of slipping, constituted a breach of that duty. The court also considered the respondent's actions, noting that while she may have been somewhat inattentive, her conduct did not amount to contributory negligence to a degree that warranted a reduction in the damages awarded by the trial judge. The court applied established principles of negligence law, focusing on foreseeability of harm and the reasonableness of the steps taken by the occupier to ensure safety.