Thomson v Grace Bros Pty Ltd

In *Thomson v Grace Bros Pty Ltd* [1990] NSWCA 176, the New South Wales Court of Appeal considered an appeal by the plaintiff, Thomson, against a decision of the District Court. The dispute concerned a claim for damages for personal injuries sustained by the plaintiff, who alleged that she slipped and fell on a wet floor in the defendant's department store.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in finding that the defendant had taken reasonable precautions to prevent the accident and, consequently, whether the defendant had breached its duty of care to the plaintiff. The court also considered whether the plaintiff had contributed to her own injuries through contributory negligence.

The Court of Appeal upheld the trial judge's finding that the defendant had not breached its duty of care. The court reasoned that the defendant had implemented a reasonable system for inspecting and cleaning the floor, including regular checks and the use of warning signs when cleaning was in progress. The evidence did not establish that the defendant knew or ought to have known of the specific hazard that caused the plaintiff's fall. Furthermore, the court found that the plaintiff had failed to establish that the defendant's actions or omissions caused her injuries. The appeal was dismissed.