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A Melbourne cafe is being sued after a woman claims she slipped on a hot chip while buying her lunch.
Roxanne Britton claims she skidded on the errant chip at Zouki Cafe in Clayton on January 30, 2015, according to a statement of claim lodged in the Victorian County Court.
The 59-year-old says she suffered a lower back injury from the fall, including two prolapsed discs, and pain in her leg, foot and knee.
Ms Britton also suffered depression and anxiety and surgical scarring as a result of the incident, the claim says.
The claim has been lodged by WorkSafe, which has paid compensation to the woman and is seeking recovery of the funds – $141,000 – from the party it alleges is responsible for the injury.
It’s alleged the The Flinders Group, which manages the Monash Medical Centre cafe, failed to have an adequate system in place to keep the cafe floor clean, in turn creating a slipping hazard.
It’s also claimed the cafe failed to properly manage foot traffic, giving customers a safe entry and exit point.
The cafe has denied the claims.
Court documents lodged by the Victorian WorkCover Authority allege Ms Britton suffered serious injuries and pain, including financial losses.
The former finance credit officer’s future work capacity has been severely restricted as a result of her fall, the claim alleges.
Ms Britton was forced to cut her work hours because of her injuries and had to stop work completely in December 2016.
She has not worked since.
“As a result of the accident, the plaintiff was injured and will continue to suffer loss and damage,” the claim alleges.
In its reply to the court, The Flinders Group denied the incident was caused by its negligence or breach of duty of care.
It further argued any loss and damage suffered by Ms Britton was caused or contributed to by her own negligence for failing to take reasonable care for her safety, keep a proper lookout and wear appropriate shoes.
The matter is due to go before a judge, with a post-mediation directions hearing set for September 2.
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