In Raad v KTP Holdings Pty Ltd as Trustee for VM & KTP Nguyen Family Trust [2016] NSW 2016 888 the Supreme Court of NSW held the Defendant, an occupier of the Busby Shopping Village, was liable for injuries and damage suffered by the Plaintiff – notwithstanding he was injured when running on wet tiles.

Breach was made out because the Defendant did not produce any evidence anti-slip coating had been applied to the tiles prior to the Plaintiff’s fall (in respect of which the court drew a Jones v Dunkel inference), failed to apply and periodically reapply to the tiles a slip-resistant surface, failed to replace the tiles with tiles that had a more pronounced texture and failed to lay tiles in a way that permitted run off of water.

It was accepted the Plaintiff’s speed of movement may have been a contributing factor to the fall and a reduction of 10% for contributory negligence was made.

This decision is a reminder of the need for occupiers and managers of commercial premises to assess and respond to slip risk by devising and implementing routine systems of treatment, maintenance and review of flooring.