When news broke that Bunnings had requested charities put their onions underneath the sausage when conducting fundraiser sausage sizzles, it literally made world news. The New York Times reported on the controversy after the Prime Minister raised it during the ASEAN Summit. It also became an instant Barbecue stopper (excuse the pun).
The mood I garnered from the news reporting is that opinion is divided on whether putting onions under sausages tastes better, worse or indifferent. Consistently, the 65 year old farmer who made a claim for damages against Bunnings when he slipped on a stray piece of onion was an object of ridicule.
Like everyone else, I do not know the particulars of the injured farmer’s claim. He was self represented and could not explain the background to his claim to the media as he reached a confidential settlement with Bunnings. However, I am always concerned when an injured person is ridiculed.
Fortunately, most of the time when we slip or fall we do not suffer serious injuries. Children are always falling and rarely suffer more than a bruise. This is regrettably not always the case. We have acted for people who have suffered serious fractures of feet, legs, arms, hands and vertebrae as a result of slips.
The impact of any injuries also varies a lot depending on what the injured person relies upon for work. Bunnings is a regular haunt for tradies, handy men and women, gardeners and generally active people. Even a relatively minor injury can cause them to suffer time off work which can have devastating financial consequences for small business owners in particular.
The Court has recognised that larger retail outlets have multiple stimuli. We are drawn to look at the shelving for the products we are seeking rather than to the floor. Supermarkets and food courts are expected to undertake a regular system of inspection and cleaning to ensure that spills are identified and cleaned up promptly to avoid falls. These places know that they have food and drinks being consumed in store, that there are products that can split and spill and that customers are being encouraged to not look at the floor.
Bunnings has responded to a risk of injury to its customers in a cost effective manner. If the new protocol avoids even one more injury – surely it is worth it.
At the least, we cannot judge the injured farmer who made the claim. We have no knowledge of the extent of his injuries nor the impact on his quality of life and livelihood.
