Myers Stores Limited t/as Grace Bros v Johnston

Myers Stores Limited, trading as Grace Bros, appealed to the New South Wales Court of Appeal against a decision of the District Court. The dispute concerned a claim by Ms. Johnston for damages for personal injuries sustained when she slipped and fell on a wet floor in a Grace Bros store. Ms. Johnston alleged that Grace Bros had been negligent in failing to adequately warn customers of the wet condition of the floor and in failing to take reasonable steps to prevent the hazard.

The Court of Appeal was required to determine whether the trial judge had erred in finding Grace Bros liable for negligence. Specifically, the court considered whether Grace Bros had breached its duty of care to Ms. Johnston by failing to implement adequate safety procedures, such as placing wet floor signs or mopping the area promptly. The appeal also involved a review of the trial judge's assessment of damages awarded to Ms. Johnston.

The Court of Appeal upheld the trial judge's finding of negligence. It reasoned that Grace Bros, as a commercial occupier, owed a duty of care to its customers to ensure their safety on the premises. The court found that the evidence supported the conclusion that Grace Bros had failed to take reasonable precautions to prevent the foreseeable risk of injury from a wet floor. The presence of a wet floor without adequate warning or immediate attention constituted a breach of that duty. The court also found no error in the assessment of damages.