Anastassia Zisis and her husband, Angelo, have filed District Court action against McDonalds Australia and Colonial First State Property Management (the building manager of the Myer Centre, Rundle Mall) following a fall in October 2008. The 60 year old cleaner stated she slipped on liquid spilled in an access passage at the back of the fast food outlet.

Claiming she hurt her lower back, neck and buttocks and had headaches and psychological injuries that have affected her capacity to live a normal life and return to full time employment. She is suing for an undisclosed amount.

The cleaner has alleged negligence on the part of the fast food workers who she claims to be responsible for the hazard and had failed to warn her of the potential danger.

The statement of claim asserts:

“There was no adequate system of supervision, inspection and cleaning of the area. McDonald’s failed to adequately train it staff in handling and disposing of the substance.”

Both McDonalds and the centre management are refuting the claim. McDonalds claimed the spill was apparent and the cleaner was not wearing the appropriate footwear at the time of the incident.

They claim that the fall happened due to the negligence of the cleaner as she did not “keep a proper lookout”, stating she is “the author of her own injury” because it was her job to clean the spill.

The shopping centre claims that they have systems implemented to manage spills and that because she didn’t stop and clean up the liquid she contributed to the accident. In its defence papers, Colonial denies the couple are entitled to any damages.

There will be another hearing in March.

 

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