$613,462
Public Liability
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Case Details
Ms Marmara, 59, was struck by a falling mountain bike at a Woy Woy Kmart, sustaining serious neck and shoulder injuries. The court found Kmart negligent for failing to implement proper safety systems for oversized items.
Additional Notes
The court found the risk of personal injury was foreseeable and significant, rejecting Kmart’s initial $5,000 settlement offer as 'unrealistic'. The decision emphasized that retailers must implement proactive safety systems.