Ryan v Coles Myer Ltd

In *Ryan v Coles Myer Ltd* [1995] NSWCA 404, the New South Wales Court of Appeal considered an appeal by the plaintiff, Ryan, against the decision of a lower court. The dispute concerned the plaintiff's claim for damages arising from injuries sustained while shopping at a Coles Myer store.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in finding that Coles Myer Ltd had discharged its duty of care to the plaintiff. Specifically, the court had to determine if the store had taken all reasonable precautions to prevent the plaintiff's injury, which occurred when she slipped on a grape.

The Court of Appeal analysed the evidence presented at trial regarding the store's cleaning procedures and the frequency of inspections. It applied the principles of negligence, focusing on the concept of reasonable foreseeability of the risk of harm and the reasonableness of the steps taken by the defendant to avert that risk. The court considered whether the presence of a grape on the floor constituted a foreseeable hazard and whether the store's response to such hazards was adequate in the circumstances.

The Court of Appeal dismissed the appeal, upholding the trial judge's finding that Coles Myer Ltd had not breached its duty of care to the plaintiff.