ON 18 JULY 2008, the District Court of NSW delivered Varela v Harris Farm Markets Pennant Hills Pty Ltd [2008] NSWDC 116 (18 July 2008).

TORTS – negligence – occupier’s liability – customer slipped on crushed grapes in a fruit and vegetable market – nature of duty of care – whether duty breached – system of inspection and cleaning – whether in operation at time of injury – onus of proof – inferences – causation – contributory negligence – unsatisfactory state of plaintiff’s evidence as to earning capacity – pre-exisiting injuries – inconsistent income tax returns – assessment of damages

http://www.austlii.edu.au/au/cases/nsw/NSWDC/2008/116.html

The plaintiff was awarded damages in the amount of $68,297.10 as compensation for injuries she received when she slipped and fell on a grape whilst shopping at Harris Farm Markets at Pennant Hills.

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