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Coles Supermarkets / duty of care and negligence of staff

1 Melbourne, Victoria, Australia
Contact information:

Dear Team of Risk Management,

I Rahat Hussain S/O Farhat Hussain DOB 21/03/1978 resident of 10A Maryann Way Tarneit Vic, 3029 a valued customer of Coles super market. I went alone to Coles drove my manual car to Wyndham vale Shopping Centre located in Truganina suburb on main Sayers road 6th Nov, 2016 at 2:30pm to go for routine groceries.

I start my shopping from the Bakery area, i picked up the small orange cake of $2.50 and was going towards the frozen area at the far side near to the liquor shop. I was walking gently on a white Vinyl floor and when i reached near to the liquor shop there was a milk spillage of approx 3 liters, which i haven't seen as i was looking on my right side of the main aisles for promotional items. The spillage was there, i don't have such idea for how long but the area was unattended, UN-marked, no wet signage were placed, no coles staff were there to guide the customers, At approx 14:30 Hours when my right feet was on the spillage I tried to balance out my-self but couldn't and suddenly fall on ground badly with the full load of my body on to the wet floor with my twisted left knee. I start screaming, shouting and looking for medical aid, few of the staff come on site of incident place and asking me “Mate, are you ok” I replied “I think I have got my broken knee, because I heard a click sound from my knee”. They were standing near to me till 15 minutes approx, but no one did anything, even the first aider never approach to me, then one of the Coles female staff approached to me called “Lyndell” who gave me some water to drink. A female customer with her trolley standing near to the incident and watching and she screamed too on my behalf to call the Paramedic Staff also given her details to me for future reference, after a while they brought a wheel chair and without improvise my knee left leg they pulled me up from the ground and put me on the wheel chair, as I was in a stage of pain and took me to the nearest medical centre inside the shopping centre. There were big queues of patients who are in waiting to see GP, therefore, the receptionist of that medical centre refused to take me as an emergency patient and gave me an ice-pack to put on my injured knee. The Coles has a legal “duty of care” towards their customers they can reasonably forecast that space and cleaned the spillage with no time frame as it was really busy floor at the day and time of incident. Ambulance arrived they took to me to the Werribee Mercy Hospital in an emergency department, and given me some pain killer on the way to Hospital. I reached to hospital at 15:27 Hours approx with the Paramedic staff, where they took me to Emergency department and given pain killers. Meanwhile, a doctor assists me and referred me X-ray of my left knee, in which they initially diagnosed that there were no broken bones except the “LIGAMENTOUS Injury” and issued me "Crutches" and referred to GP with requesting for the MRI. I went to see my GP yesterday at “My Clinic Tarneit” he has given me a medical rest till 11th Nov, 2016 with a medical condition “TRAUMATIC INJURY” and referred me for the MRI which I have booked for tomorrow and once I will get a report after 2 days and will share with my GP.

I am a Full-Time employee and working in a manufacturing and production department. Whereas, working as a Security Officers on weekends and most of the time i have a 8 to 10 hours shift where most of the time i spend on standing my feet. My company GM called me today and needs me back on work ASAP whereas they are going to start overtime soon to complete the Christmas orders, if I unable to join my work It means for sure I will lose my big chunk of money. In a stage of my pain in knee, I regularly take pain killers after every 3 Hours depending on pain symptoms. I am in a stage of severe stress, thinking about my future, I cannot go for shopping, I can’t drive my manual car, I don’t have my social life nowadays, in general I am isolate in my own house. pain and in night dreams I am having flash back in dreams which I am scared a lot. I am a single earner of my house which I have more liabilities on me which I need to figure out likewise my credit cards payments, home rent, wife’s expenses, monthly utilities bills, car insurances, my time etc. I have spoken to the concern Coles store manager over the phone daily since the day of incident requesting to please escalate the matter to the management and he mentioned that he already escalated the matter and a representative will shortly call you soon. Unfortunately, I didn’t receive any phone call from the head office.

I am looking for a compensation from Coles ASAP, to bear all my future expenses and to come out from the state of stress and shock.

Best Regards

Rahat Hussain
10A Maryann Way
Tarneit, Vic 3029

Nov 7, 2016

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