Coles Supermarkets Australia Pty Ltd v Bridge

• 1. Tort
  2. › Negligence
  3. › Occupier's liability
  4. › Customer slipped and fell on wet surface of supermarket carpark
  5. › Whether risk of harm was foreseeable
  6. › Whether occupier knew or ought to have known of risk
  7. › Store manager's email describing wet carpark as 'incident waiting to happen'
  8. › Civil Liability Act 2002 (NSW), s 5B
• 1. Tort
  2. › Negligence
  3. › Formulation of risk of harm
  4. › Whether risk of harm may be identified by reference to injury sustained
  5. › Permissible use of hindsight in identifying risk
  6. › Whether risk must encompass the general causal mechanism of the injury
  7. › Civil Liability Act 2002 (NSW), s 5B
• 1. Tort
  2. › Negligence
  3. › Contributory negligence
  4. › Plaintiff attending to mobile phone while walking on wet surface
  5. › Whether momentary inattention constituted contributory negligence
  6. › Whether inattention causally contributed to fall
  7. › Apportionment
  8. › Civil Liability Act 2002 (NSW), s 5R
  9. › Law Reform (Miscellaneous Provisions) Act 1965 (NSW), s 9
• 1. Appeal
  2. › Fresh findings of fact on appeal
  3. › Desirability of avoiding retrial
  4. › Where defendant called no lay or expert evidence at trial
  5. › Supreme Court Act 1970 (NSW), s 75A(6)(b)

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