Rennie Kissun v Coles Supermarkets

Case

[2013] NSWDC 134

09 August 2013


Details
AGLC Case Decision Date
Rennie Kissun v Coles Supermarkets [2013] NSWDC 134 [2013] NSWDC 134 09 August 2013

CaseChat Overview and Summary

In Rennie Kissun v Coles Supermarkets, the plaintiff sought damages for injuries sustained when she slipped and fell in a Coles supermarket. The incident occurred when the plaintiff slipped on a wet floor in the entrance of the store. The plaintiff alleged that Coles, as the occupier of the premises, was negligent in failing to maintain a safe environment for customers. The matter was heard in the District Court of Queensland.

The central legal issue before the court was whether Coles owed a duty of care to the plaintiff and, if so, whether this duty was breached. The court had to determine if Coles, as the occupier, had taken reasonable steps to prevent foreseeable harm from occurring on their premises. This included assessing whether the wet floor condition was sufficiently hazardous to warrant immediate action and whether Coles had adequate warning signs or floor markings in place.

The court found that Coles owed a duty of care to the plaintiff as they were on the premises as an invitee. The court held that the wet floor posed a significant risk of harm, and Coles had failed to take reasonable steps to mitigate this risk. The court found that Coles had not provided adequate warning of the wet floor, nor had they acted promptly to clean up the spill. The court concluded that Coles' failure to maintain a safe environment amounted to a breach of their duty of care. Consequently, the court found in favour of the plaintiff, holding Coles liable for the injuries sustained by Rennie Kissun.

The court ordered that Coles pay damages to the plaintiff for the injuries suffered. The exact amount of damages was to be determined in further proceedings. The court also ordered Coles to pay the plaintiff's legal costs.
Details

Areas of Law

  • Tort Law

Legal Concepts

  • Occupier's Liability

  • Negligence

  • Compensatory Damages

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Cases Citing This Decision

0

Cases Cited

9

Statutory Material Cited

1

Luxton v Vines [1952] HCA 19