Myer Stores Ltd v Johnston

In *Myer Stores Ltd v Johnston*, the High Court of Australia considered an appeal from the Supreme Court of Victoria concerning the liability of Myer Stores Ltd for injuries sustained by Ms. Johnston, a customer, who slipped and fell on a wet floor in one of its stores. The central dispute revolved around whether Myer had taken reasonable precautions to prevent such accidents and whether Ms. Johnston had contributed to her own injuries.

The High Court was required to determine two primary legal issues. Firstly, whether Myer Stores Ltd had breached its duty of care to Ms. Johnston by failing to adequately warn customers of the wet floor or to implement sufficient measures to ensure the floor was safe. Secondly, the Court had to consider whether Ms. Johnston was contributorily negligent, and if so, to what extent her damages should be reduced.

The Court's reasoning focused on the principles of negligence. It was held that a shopkeeper owes a duty of care to its customers to take reasonable steps to prevent foreseeable harm. In this instance, the Court found that Myer had not discharged this duty. The presence of a wet floor, particularly in an area where customers would be walking, presented a foreseeable risk of injury. The Court determined that Myer had failed to implement adequate warning signs or cleaning procedures to mitigate this risk. Furthermore, the Court found that Ms. Johnston had not been contributorily negligent, as there was no evidence to suggest she had failed to take reasonable care for her own safety in the circumstances. Consequently, the appeal was dismissed, and Myer Stores Ltd was found liable for Ms. Johnston's injuries.