Strong v Woolworths Limited T/As BIG W

In *Strong v Woolworths Limited T/As BIG W*, the High Court of Australia considered an appeal from the New South Wales Court of Appeal concerning a claim for damages for personal injury. The appellant, Ms. Strong, had suffered injuries when she slipped on a chip while shopping at a BIG W store. She alleged that Woolworths, the respondent, had breached its duty of care owed to her as an invitee by failing to maintain a safe shopping environment. The primary issue was whether Woolworths had taken reasonable precautions to prevent the foreseeable risk of injury from slipping on debris on the floor.

The High Court was required to determine whether the common law duty of care owed by a occupier to an invitee had been breached. Specifically, the court had to assess whether the risk of a customer slipping on discarded food items, such as chips, in a supermarket aisle was reasonably foreseeable and, if so, whether the precautions taken by Woolworths were sufficient to discharge its duty of care. This involved considering the nature of the risk, the likelihood of its occurrence, and the burden of taking alleviating action.

The High Court found that while the risk of slipping on discarded food was foreseeable, Woolworths had implemented reasonable precautions to mitigate this risk. The court noted that Woolworths had a system in place for regular inspections and cleaning of the store, including the aisles. Evidence indicated that the store was inspected approximately every 20 to 30 minutes, and cleaning occurred as needed. The court concluded that, given the nature of a supermarket environment where food items can be dropped, the implemented cleaning and inspection regime was a reasonable response to the foreseeable risk, and therefore, Woolworths had not breached its duty of care. The appeal was dismissed.