On 22 July 2009 Ms Susan Young, a 52 year old woman, was shopping at an Aldi Supermarket in New South Wales. She was shopping at the rear of the store, towards the fruit and vegetable section.
An employee of Aldi, Mr Tidmarsh, was unpacking and restocking strawberries from a ‘pallet jack’ trolley. The pallet jack was placed in a cross-aisle, which was blocking access to another aisle. Ms Young attempted to go around the pallet jack and stumbled forward and fell. She injured her back, shoulder and right knee.
Ms Young issued legal proceedings against Aldi in the District Court of New South Wales. She alleged she had not seen the pallet jack protruding from under the boxes.
Ms Young argued that Aldi had breached its duty of care to her, by placing the pallet jack down the middles of the aisle. The pallet jack was placed in such a position that it obstructed access to the cross-aisle, and failed to warn her of its presence.
Aldi denied any breach of duty. It relied on ss5F, 5G and 5H of the Civil Liability Act 2002 (NSW), and stated that she failed to avoid the “obvious danger”.