In a hearing at NSW District Court, Coles customer Sangeeta Guru argued that the supermarket chain was responsible for causing her injuries that have left her in pain and unable to sleep.
While shopping at her local Coles store, Sangeeta argued that an errant grape made her slip and fall, jarring her back and causing soft tissue damage to her leg.
The beautician and mother claimed the injuries have made it difficult for her work, as standing or sitting for long periods of time is painful.
The employee responsible for keeping that area of the shop tidy told the court that she had been on her tea break at the time, but was always careful to keep an eye on the grapes.
‘I am always out on the floor and constantly checking the grape display as I know how often they are dropped by customers,’ they said.
Coles attempted to argue that Sangeeta could have prevented the incident, had she been looking where she was going.
The court dismissed the argument saying that is unreasonable in a supermarket where items are displaying intentionally to grab your attention, and awarded Sangeeta $90,130 in damages.