Recent Cases

Gomez v Woolworths Group Limited [2024] NSWCA 121 (21 May 2024) (Bell CJ, Gleeson and Adamson JJA)


Catchwords:


NEGLIGENCE — Breach — Slip and fall injury in supermarket — Whether systems of periodic inspection and cleaning adequate — Whether employees failed to implement systems — Whether reasonable precautions required additional system of hourly inspection and cleaning of front of store area — Whether breaches of duty additional to those found by trial judge

NEGLIGENCE — Causation — Whether plaintiff proved factual causation under Civil Liability Act 2002 (NSW) — Whether injury would have occurred if there had been no negligent act or omission

TORTS — Whether liability of occupier for breach of duty of care owed to invitee analogous to employer’s vicarious liability for employee’s tortious conduct or other wrongful act of employee in the course or scope of employment

APPEALS — From findings of fact — Inferences to be drawn from CCTV footage — Whether appeal court in same position as trial judge to draw inferences from CCTV footage