Australian Safeway Stores V Zaluzna 1987 162 Clr 479 On Saturday 20 January 1979

Australian Safeway Stores v Zaluzna (1987) 162 CLR 479

On Saturday 20 January 1979 towards midday the respondent entered what has been described as the “foyer area” of the appellant’s supermarket at Mount Waverley in Victoria, intending to buy some cheese. It was a rainy day and in consequence the vinyl-tiled floor of the foyer area had become wet or moist. Unfortunately, before entering the area of the supermarket where the merchandise was displayed, the respondent slipped and fell heavily on the floor. She sustained personal injury. She sued the appellant in the Supreme Court of Victoria for damages for negligence, alleging both a breach of the general duty of care and a breach of the duty owed by an occupier to an invitee. The action was tried by a judge sitting alone.

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