Coles ordered to pay customer $284,000 after she slipped and injured her ankle

AFTER tendering CCTV footage with ‘a crucial 27 seconds’ missing, Coles has been ordered by the District Court to cough up $284,000 in compensation.

Coles has been ordered to pay $284,000 to a woman injured in one of its stores (not pictured). Picture: Lukas Coch

COLES has been ordered to pay a customer more than $284,000 in compensation after she slipped and injured her ankle while shopping.

Margaret Hill, 50, was shopping at Kings Langley, in Sydney’s western suburbs, with her young son one morning in 2013, when she slipped on a puddle of water in front of the fruit and vegetable cabinet.

“I just remember being flung off my feet and seeing my keys and wallet go flying across the room and then I’ve just hit the ground with a thud,” Ms Hill told the District Court of NSW.

A Coles employee gave evidence that she did not “see anything” on the ground after Ms Hill fell over.

The court examined a two minute clip of CCTV footage from the store, provided by Coles in response to a subpoena.

“Crucially, 27 seconds of the film were missing for a time period which would have shown the plaintiff’s fall,” Judge Phillip Mahony said in his written judgment.

“The missing footage was subject to a submission by learned counsel for the plaintiff that an inference may be drawn that the CCTV footage had been tampered with, and, further, that it would not have assisted the defendant’s case.”

A store manager told the court he had extracted the two minutes of CCTV footage without watching it, and did not know who had anything to do with cutting out the 27 seconds.

As a result of the injury, Ms Hill was unable to do her household chores to her usual standard, which made her feel like she was living “in a pigsty”. She was also unable to wear high heels, which she found upsetting.

She underwent surgery and physiotherapy and was advised that she would need further intervention in the future.

“The injury she suffered could not be characterised as a minor injury,” Judge Mahony wrote.

“It required surgery and may require further surgery into the future. It had resulted in her having a splayed left foot and altered gait, giving her a limp. Further, it caused her low back pain and right hip pain.”

Prior to the accident, he said, Ms Hill had been an active woman and must therefore be compensated for the pain, scarring, frustration, loss of mobility and enjoyment of life that ensued.

Coles denied Ms Hills’ claim it had breached its duty of care to her, arguing that the accident was a result of her failing to avoid an obvious hazard.

But Judge Mahony found Coles staff should have made sure a rubber mat that usually covered the area where Ms Hill fell was returned to its position after the cleaners had finished mopping the floor.

He ordered Coles to pay Ms Hill just over $284,000 in damages, covering non-economic loss (loss of amenity, pain and suffering), medical treatment, lost earnings and the cost of hiring a household cleaner, plus costs.

[e-mail]