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Coles Negligent in Carpark Slip and Fall

The case of Bridge v Coles Supermarkets [2017] is a recent example of how occupiers liability applies in supermarket carparks. In this case the injured person claimed damages against Coles (the defendant) when they slipped and fell in the below ground car park of the Coles in Coffs Harbour. He suffered a hip fracture and required a total left hip replacement, in addition to a painful complete revision surgery.

Flooding in the carpark was an identified risk, and thus a non-slip surface was needed. Whilst the plaintiff was wearing thongs when he fell, there was no suggestion that this contributed to his fall. Evidence was provided in Court that there was no way to avoid the wet floor in the carpark. The plaintiff’s wife also gave evidence that she also nearly slipped in the same location when trying to help her husband after his fall.

The Supreme Court of NSW Judge found that the car park surface where the plaintiff slipped was unduly slippery. This was based on expert testing of the surface. Later, He found that were inexpensive products Coles could have used to give the surface a non-slip coating. This risk was one which Coles knew, or should have known bout.

Consequently, the Supreme Court of NSW found in favour of the plaintiff and he was awarded substantial damages.

If you have been injured in a slip and fall accident and require more information about making a personal injury claim, please do not hesitate to contact our Personal Injury Lawyers at Matthews Folbigg. Our Personal Injury Lawyers can provide practical solutions and exceptional results in relation to your personal injury claim on a No Win, No Fee basis. Call 1300 773 529 or email a Personal Injury lawyer at info@matthewsfolbigg.com.au.

Matthews Folbigg has over 50 years’ experience protecting personal injury and compensation rights of people living in Parramatta and the Hills.