Mrs Hussain slipped on grapes on the pavement outside a fruit and vegetable shop where the owner of the shop displayed fruit on a table. Mrs Hussain brought a claim against the owner of the shop.
The claim was defended on the basis that the shop owner had taken all reasonable measures to ensure that the area was free from fruit, and the area was swept up to five times a day.
1st instance - The accident occurred due to want of care on the part of the shop owner
Court of Appeal - Upheld the decision.