Payless Superbarn (NSW) Pty Ltd v O'Gara

Payless Superbarn (NSW) Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales. The dispute concerned the appellant's liability for injuries sustained by the respondent, Ms. O'Gara, who slipped and fell on a wet floor inside the appellant's supermarket. Ms. O'Gara alleged that the appellant had breached its duty of care to her as an invitee by failing to maintain a safe environment.

The primary legal issue before the Court of Appeal was whether the appellant had taken reasonable precautions to prevent the accident. Specifically, the court had to determine if the appellant had established and followed a system for inspecting and cleaning the floor, particularly in areas where spills were likely to occur, and whether this system, if it existed, was adequate in the circumstances. The court also considered whether the appellant had provided sufficient warning to customers about the potential for wet floors.

The Court of Appeal found that the appellant had failed to establish and implement a reasonable system for inspecting and cleaning the floor. Evidence indicated that while staff were aware of the potential for spills, there was no systematic procedure for checking for and cleaning them. The court applied the principle that an occupier owes a duty of care to invitees to take reasonable steps to prevent foreseeable harm. In this instance, the lack of a proper system meant that the risk of a customer slipping on a wet floor was not adequately addressed, and the appellant was therefore found liable. The appeal was dismissed.