Coles loses court case: Canberra woman awarded $27,000 for slipping on a grape in Woden store

A woman who slipped on a grape while grocery shopping has been awarded more than $27,000.

The ACT Court of Appeal ordered Coles pay the Canberra woman $27,309 compensation for expenses she suffered after slipping on a grape in its Woden store.

The money will cover her general damages, domestic assistance and out-of-pocket expenses.

The court heard the woman was shopping in the store’s fresh meat section when she slipped on a grape.

It was initially found Coles had not breached its duty of care by failing to notice the grape but the Court of Appeal found the discarded grape was the result of an inadequate cleaning system.

‘That system carried with it the likelihood that spills and items on the floor would be missed because there was no dedicated attention paid to that issue at any particular time,’ it said.

‘It inevitably subordinated the detection of spills and hazardous items to the performance of the staff members’ other duties.’

The court previously heard from employees who said grapes are one of the products that pose the biggest slip hazard.

The ACT Court of Appeal found Coles should have a dedicated system to clear slip hazards – like the grape that caused the woman’s fall

They said customers – particularly with young children – will often carry grapes around the store to eat while shopping.

So, grapes can be left discarded on the floor almost anywhere within a store rather than just the fruit and veggies section.

The court found that Coles should have a dedicated system to prevent slip and fall hazards around its stores.

‘A system of dedicated inspection would have detected a grape or other spill or slip hazard in the area,’ its judgement said. 

‘Thus, if a reasonable system would have included hourly (or more frequent) inspection, the probability is that such a system would have prevented the harm that occurred.’