Vincent v Woolworths Ltd

In *Vincent v Woolworths Ltd*, the New South Wales Court of Appeal considered a negligence claim brought by a merchandiser against her employer, Woolworths Ltd, following a serious injury sustained when she stepped backwards off a small step into a shopping trolley.

The primary legal issues before the Court were whether Woolworths owed a duty of care to the merchandiser, whether the risk of harm was "not insignificant" as required by section 5B(1)(b) of the *Civil Liability Act 2002* (NSW), and whether a reasonable person in Woolworths' position would have taken precautions against such a risk. The Court also had to determine the extent of Woolworths' liability as an employer and occupier, considering the expectation that employees would exercise care in performing commonplace activities.

The Court reasoned that the "harm" referred to in section 5B(1)(b) of the *Civil Liability Act* encompassed appreciable personal injury. Applying the principles of negligence, the Court found that the risk of the merchandiser stepping backwards off the step into a shopping trolley was not insignificant, and that a reasonable employer would have taken precautions to mitigate this risk. The Court also considered the relevance of common practice and the extent to which an occupier and employer are entitled to expect care to be taken in the performance of everyday tasks.

Ultimately, the appeal and cross-claims were dismissed, with costs awarded to Woolworths Ltd.