Question 4

The Friendly Grocer (TFG) is a nationwide chain of small supermarkets operating throughout Australia and New Zealand. There are 297 stores located in Australia most of which are situated in small shopping centers. Each individual TFG store is owned and operated independently.

TFG's slogan is "Just around the corner" and prides itself on being local and accessible to its community. A lot of TFG's customers are older who prefer to shop local avoiding the need to travel into larger shopping centers to do their groceries.

Charles is a 65-year-old gentleman who undertakes his regular shopping at his local TFG in Neutral Bay. TFG Neutral Bay operates as a sole trader and is owned by Maria Bertoni. Charles usually does his shopping every Monday morning and buys enough groceries to sustain him for the week.

On Monday 15 February 2021, Charles attended the store. It was a particularly wet day in Sydney. In fact, the whole month of February had been particularly wet with Sydney experiencing higher than average rainfall over the past 6 weeks. Charles took his umbrella with him on this particular day.

When Charles attended the store, he noticed there was no place for customers to leave their wet umbrellas at the front of the store. He noticed other customers either walking through the store holding their wet umbrellas or had them placed in their trolleys. Charles decided to take a trolley and placed his umbrella at the front of his trolley.

Charles began shopping and headed to aisle 2 to purchase some pet food for his cat. As Charles walked down the aisle, he noticed the floor was very wet and slippery. He then suddenly slipped and fell backwards hitting his head and injuring his leg. An ambulance was immediately called as Charles was unable to move and appeared to be confused, dazed and in pain.

On admission to hospital, Charles was assessed as suffering from concussion and a broken leg. He was required to undergo surgery on his leg and was required to be in plaster and use crutches for a period of 6 weeks. He is also experiencing ongoing memory problems as a result of the fall. Since the incident, Charles has been unable to return to his pre-accident part-time employment as a gardener for the local Council.

On investigation, it was found that TFG had no signs to indicate the floor was wet and provided no place for customers to leave their wet umbrellas on the day of Charles' injury.

Charles is considering suing Maria Bertoni for $350,000 for pain and suffering, loss, medical expenses and loss of income.

Advise:

1. Charles of any claim he may have against Maria Bertoni, the owner of TFG Neutral Bay including what remedy he may seek.

2. Maria Bertoni of any defence(s) she may raise and the effect on any damages if successfully argued.

3. Maria Bertoni of her personal liability if the Court finds she acted negligently. (5 marks)

In your answer, you should consider all elements of a claim in negligence and the relevant legislation.