Stubbings v Jams 2 Pty Ltd & Ors

Bell and Steward JJ of the Supreme Court of Victoria, Court of Appeal, considered the dispute between the appellant, Ms Stubbings, and the respondents, Jams 2 Pty Ltd and others. The proceedings concerned a claim for damages for personal injuries arising from a slip and fall incident that occurred on 10 March 2017 at a shopping centre owned and operated by the respondents. Ms Stubbings alleged that she slipped on a wet floor in a common area of the shopping centre and sustained injuries as a result of the respondents' negligence.

The central legal issues before the Court of Appeal were whether the primary judge erred in finding that the respondents had not breached their duty of care to Ms Stubbings, and consequently, whether the primary judge erred in dismissing her claim for damages. Specifically, the Court was required to determine whether the respondents took reasonable precautions to prevent foreseeable harm to visitors, such as Ms Stubbings, from slipping on wet floors in the common areas of the shopping centre.

The Court of Appeal allowed Ms Stubbings' appeal, finding that the primary judge had erred in their assessment of the evidence. Their Honours held that the respondents had breached their duty of care. The Court reasoned that the respondents ought to have foreseen the risk of a slip and fall occurring due to wetness in the common area, particularly given the evidence of recent rain and the presence of a food court. The Court concluded that the respondents failed to implement adequate warning signs or cleaning procedures to mitigate this foreseeable risk, thereby failing to take reasonable steps to ensure the safety of visitors.

Consequently, the Court of Appeal set aside the orders of the primary judge and remitted the proceeding to the Supreme Court for assessment of damages.