FRANKLINS LTD v HUNTER [1998] NSWCA 85

FRANKLINS LTD v HUNTER [1998] NSWCA 85

The absence of a system for inspection and cleaning of the supermarket floor at reasonable intervals was negligent in the circumstances, and the trial judge was entitled to infer that the implementation of such a system would probably have prevented the respondent's injury. There was no appellable error in the factual findings or application of the legal standard.

Parties
Appellant: Franklins Ltd; Respondent: Hunter
Jurisdiction
Australia
Judgment Date
01 May 1998
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Occupiers' Liability, Negligence, Personal Injury, Supermarket Slip and Fall, Breach of Duty of Care
Tort Law Occupiers' Liability Negligence Personal Injury Supermarket Slip and Fall Breach of Duty of Care

Case Brief

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Parties

Franklins Ltd

Appellant

Hunter

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Franklins Ltd had a reasonable system in place for monitoring, inspection, and cleaning of supermarket floors to prevent hazards, in accordance with the duty of care owed to shoppers.
  2. 2 Whether the trial judge made errors of fact justifying appellate intervention on issues of notice of hazard, cleaning system adequacy, and causation.

Ratio Decidendi

The absence of a system for inspection and cleaning of the supermarket floor at reasonable intervals was negligent in the circumstances, and the trial judge was entitled to infer that the implementation of such a system would probably have prevented the respondent's injury. There was no appellable error in the factual findings or application of the legal standard.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.