Accidents and injuries do happen, whether in a workplace, in a café or on a road.
However, the happening of accidents or injuries does not necessarily mean that someone will be proved negligent and that compensation is payable.
Part of a successful claim involves proving the cause of the accident or injury, whether in a complex medical negligence claim or a simple slip and fall case.
The decision of the Court of Appeal of New South Wales in Macari v Snack Brands Foods Pty Ltd [2024] NSWCA 282, a public liability claim illustrates the importance of proving why an accident has happened.
Mr Macari slipped on a set of metal steps at his workplace, a potato chip factory.
The employer accepted that Mr Macari slipped and fell but denied liability for his accident.
In his legal proceedings, Mr Macari stated in his Claim that he had slipped on ‘starchy water’ which had splashed onto the steps out of a potato hopper nearby, where he said potatoes were being boiled.
Unfortunately, Mr Macari’s version of the accident was disproved on the first day of trial when evidence revealed that the potato hopper never contained boiling water.
As a result, Mr Macari changed his case and alleged that he had slipped either:
- Due to ‘potato debris’ on the steps; or
- Because the steps became slippery when wet due to wear and tear.
Mr Macari produced a photograph taken on the day of the accident showing the steps and the surrounding floor with white spots which Mr Macari thought was potato debris.
The trial judge refused to accept that Mr Macari slipped due to ‘potato debris’ on the steps when Mr Macari was only ‘guessing’ that it was potato debris and the photograph was not shown to any of the employer’s witnesses at trial.
There was also no evidence that the steps were slippery when wet.
The trial judge was not satisfied that Mr Macari had proven either of his alleged reasons as to why he slipped and dismissed Mr Macri’s claim.
Mr Macari appealed against the trial judge’s decision but his appeal was rejected by the Court of Appeal of New South Wales.
This case is a good example of the need to carefully document and investigate the cause of an accident or injury.
It highlights the importance of seeking legal advice soon after an injury and accident so that the appropriate investigations can be undertaken and the case has the best chance of success.
Contact our experienced team of personal injury lawyers today on 8357 7611, to discuss your claim.