Retail Giant Liability: Expert Evidence Makes the Difference
In this revealing episode of P.I. Case Note, we examine the New South Wales District Court decision in Marmara v Kmart Australia Limited [2024] NSWDC 89, which demonstrates how expert evidence can establish retailer liability under the Civil Liability Act 2002 (NSW). The case provides valuable insights into proving breach of duty by major retailers and the evidentiary requirements under the Evidence Act 1995 (NSW).
The court’s analysis shows how properly qualified expert testimony can demonstrate that a retailer’s systems and procedures fell below the required standard of care. This decision is particularly significant for slip and fall cases in retail environments, where defendants often argue they had reasonable cleaning and inspection systems in place. The judgment clarifies what evidence is needed to prove that these systems were inadequate and how expert opinions can bridge the gap between a hazard’s existence and the retailer’s breach of duty.
Listen for our comprehensive analysis of this retailer liability decision. If you’ve been injured in a retail store or shopping center, proving the store’s negligence requires more than just showing you fell. Contact accident legal for a free consultation—we work with qualified experts who can properly establish breach of duty and help secure the compensation you deserve.