Carer Michelle Payten, 63, suing Robina Town Centre after alleged fall on a plastic food wrapper
A piece of plastic food wrapping at a major Gold Coast shopping centre could cost a business big. Find out what happened.
Crime and Court
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A CASUAL carer is suing for more than $500,000 after allegedly slipping on a food wrapper and fracturing her pelvis in the Robina Town Centre car park.
Michelle Anne Payten claims she also injured her neck and back during the fall about 2pm on February 6, 2017.
The 63-year-old has been left “commercially unemployable” and at a “significant disadvantage” when it comes to getting a job, documents filed in the Southport District Court claim.
The injuries, which also include nerve damage and a blood clot, have left her needing nine hours of care a week to help around the house, it is alleged.
“(Ms Payten) has been unable and will likely remain unable to undertake gardening and lawn care tasks,” it is claimed in the documents.
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“(She) experiences an onset of pain and aggravation of her symptoms when attempting to undertake vacuuming, cleaning and carrying groceries.”
She wants more than $529,000 in compensation from shopping centre owners QIC Robina and cleaners Millennium Hi-Tech Group.
Ms Payten entered the shopping centre from the level 4 car park via the lift when she slipped on “clear plastic food wrapping”, it is claimed.
Ms Payten claims the cleaning contract with the shopping centre means the shopping centre entrances should be checked for debris every 20 minutes.
It is claimed the food wrapper was left on the floor between 1.16pm and 2.05pm.
“Had an employee of (QIC Robina or Millennium Hi-Tech Group) conducted an inspection of the level 4 entrance between 1.16pm and 2.05pm then the plastic food wrapper would likely have been identified … and (Ms Payten) would not have sustained injuries,” the court documents allege.
At the time of the fall Ms Payten, who lives alone, was working as a casual carer with Home Instead Senior Care Gold Coast, but had to quit due to her injuries, it is alleged.
She was also undergoing further training so she could work longer hours, she claims.
A QIC Robina spokeswoman declined to respond as the company “does not comment on ongoing legal matters”.
Millennium Hi-Tech Group was unavailable for comment.