A man who slipped near a wet floor sign at a McDonald’s in Canberra initially sought compensation of nearly $2 million, alleging that the injury he sustained resulted in chronic health issues. However, a judge ultimately awarded him approximately $15,000.
The case, adjudicated by the ACT Supreme Court, stemmed from an incident that occurred in February 2021 at the Mitchell location of the fast-food chain. The plaintiff reported that he slipped while passing by a wet floor sign but did not fall. Instead, he managed to stabilize himself with the sign and immediately experienced pain in his hip.
As a result of this incident, the man claimed he suffered various injuries, leading him to pursue damages amounting to $2,150,000. The franchise owner of the restaurant contended that it was evident that cleaning was taking place, as indicated by a large red bucket, an employee in a red uniform, and four yellow warning signs present in the area.
Judge David Mossop ruled that while the restaurant had been negligent in not ensuring the visibility of the warning sign, the man also bore some responsibility for not exercising appropriate caution for his own safety. Notably, one of the warning signs had been relocated before the incident, making it less visible at the time of the slip.
Video footage captured during the incident showed the man walking close to the sign when his left leg began to slide, leading him to lean against the warning sign to maintain his balance. A staff member nearby, who was mopping the floor, displayed a reaction of concern as she witnessed the incident.
In his judgment, Justice Mossop stated that while a warning sign had been placed centrally in the mopping area, it had been moved to a less noticeable position by the time the plaintiff approached. He noted that a reasonable observer would have seen the employee mopping, but the area affected by the cleaning extended beyond the warning sign by approximately 50 centimeters, which might not have been immediately apparent to the plaintiff.
Regarding the injuries claimed by the plaintiff, the judge acknowledged that the defendant failed to take adequate precautions to prevent injuries during cleaning operations, thereby breaching their duty of care. However, he did not agree that all the health problems cited by the man were directly caused by the slip.
The plaintiff reported experiencing damage to both hips and his right shoulder, which he claimed worsened over time, affecting his ability to sleep. He testified that he was waking up as many as 30 times a night and relied on various medications, including Panadeine Forte and Tramadol, to manage his pain.
In 2024, he was referred for shoulder surgery, which would limit his arm’s mobility permanently, and he was placed on a waiting list for the procedure. Before the incident, he was described as “fit, strong, helpful, and happy.”
Initially, the plaintiff sought $1.8 million for lost wages, along with $650,000 for pain and suffering, citing an inability to perform domestic tasks, including caring for his disabled wife and children.
The judge concurred with a defense expert’s testimony, which suggested that the man likely only experienced a soft tissue injury that may have lasted several weeks. Justice Mossop concluded that the plaintiff had not sufficiently demonstrated that the slip was a necessary cause of his hip and shoulder conditions.
Ultimately, the judge determined that the man had failed to take reasonable precautions for his own safety, as he had multiple opportunities to observe the warning sign and the cleaning employee upon entering and exiting the restaurant. He noted that the plaintiff was distracted, looking down at his wallet or to the side, rather than paying attention to the surrounding hazards.
The parties involved are scheduled to reconvene later in September to discuss the matter of legal costs.
