On 6 April 2014, Mr Larry Bridge slipped on water lying on the floor of an underground car park at premises occupied by Coles and fell, and suffered significant injury. At the time of the incident Mr Bridge was pushing a trolley through the car park. He had momentarily stopped to answer his mobile phone and continued walking and pushing the trolley with one hand.
Mr Bridge commenced proceedings in the Supreme Court of New South Wales against Coles, in negligence and claimed damages. He alleged that Coles failed to provide a surface to the underground car park which was slip resistant when wet, and that the injuries sustained by him were caused by Coles’ breach of the duty of care that Coles, as occupier of the premises, owed to him.
Coles denied liability. It argued that Mr Bridge was contributorily negligent in failing to keep a proper lookout, failing to avoid a slipping hazard, and failing to observe his surroundings.
His Honour Campbell J found in favour of Mr Bridge and awarded damages in the total sum of $688,071, with no reduction on account of contributory negligence.
Coles appealed. It argued on appeal that the primary judge erred in finding that Coles breached a duty of care owed to Mr Bridge, and also that his Honour erred in failing to find that Mr Bridge was contributorily negligent.
On appeal, the majority found that the slip occurred while Mr Bridge’s attention was distracted by his telephone and that the inadvertence and distraction occasioned by giving attention to the telephone contributed to his fall and constituted negligence on his part.
The court found that Coles remained liable to Mr Bridge, but reduced his judgment on account of contributory negligence: Coles Supermarkets Australia Pty Ltd v Bridge.
For more information on the above contact Joe Bonura on (02) 4626 5077 or jbonura@marsdens.net.au.
This article first appeared in the CCH Australian Tort, Personal Injury, Health and Medical Law Tracker and is reproduced in full with permission from CCH, a division of Wolters Kluwer Australia: www.wolterskluwer.cch.com.au
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