Retail Giant’s Appeal Fails: Expert Evidence in Slip and Fall Cases
In this crucial episode of P.I. Case Note, accident legal’s Partner, Michelle Wright, analyses the New South Wales Court of Appeal decision in Kmart Australia Limited v Marmara [2024] NSWCA 249, which provides essential guidance on the use of expert evidence in occupiers’ liability cases under the Civil Liability Act 2002 (NSW). The case demonstrates how courts evaluate expert testimony when determining whether retailers have breached their duty of care to customers.
The Court of Appeal’s decision reinforces the importance of properly qualified expert evidence in establishing breach of duty in slip and fall cases. This judgment clarifies the standards required under the Evidence Act 1995 (NSW) for expert opinions and highlights how occupiers cannot simply rely on general cleaning procedures to discharge their duty of care. The case serves as a valuable precedent for both plaintiffs and defendants in retail injury claims.
Listen for our detailed breakdown of this important occupiers’ liability decision. If you’ve been injured in a public place accident due to negligent maintenance or safety procedures, the team at accident legal has the expertise to build a strong case with proper expert evidence. Contact us for a free consultation to discuss your claim.