A Sydney mother sued Kmart after her daughter almost lost an eye to a clothing rack hook. Photo / Nine
A Sydney mother sued Kmart after her daughter almost lost an eye to a clothing rack hook. Photo / Nine
WARNING: Graphic content
A mother who sued Kmart after her daughter almost lost an eye to a clothing rack hook has revealed the real reason she decided to take on the retail giant in court.
Six-year-old Cecilia was walking down a children’s clothing aisle at the Chatswood store, in Sydney’s north, in January 2020 when she slipped and her eye got caught on a metal hook.
Her mum, Jill Huang, was awarded almost A$60,000 ($65,300) in compensation in the NSW District Court last month, but lost most of it to legal fees after refusing to settle outside court.
Cecilia, now 8, was rushed to hospital after the accident and needed two major surgeries to repair her eyelid, with her mum arguing she would suffer lifelong consequences as a result.
Huang said her daughter still suffered anxiety surrounding the incident and she had a permanent scar on her eyelid.
Six-year-old Cecilia Chan nearly lost her eye in a Kmart store. Photo / Nine
She added Cecilia might also need further surgery and would need psychologist appointments to treat her anxiety.
While the family ultimately were no better off after the court battle, Huang said she was determined to take Kmart on to set an example for her daughter.
“Everyone told me Kmart is too big to fight, but I am just a mother trying to protect my daughter. I’m also teaching my daughter that in the future if she feels something is unfair, she should be brave and speak up, even if she feels small and insignificant,” she told the court, according to Nine.
“There needs to be someone to stand up and take the risk, to challenge the laws, regulations and rules to make this world better and safer. Cecilia was just an innocent girl and it was a horrible experience.”
The little girl fell onto a metal hook like the one pictured. Photo / Nine
She said she “didn’t ask for millions” and simply wanted enough to cover potential future costs.
Kmart admitted breaching its duty of care but claimed the girl’s issues may also be linked to an unrelated stomach problem.
The court however ruled the eye injury sustained at Kmart had a “severe impact”.
Judge Robert Montgomery said the scarring was “likely to be to some degree a disadvantage to her” in her future career.
“In my opinion, quite apart from the pain and inconvenience, the plaintiff’s demeanour and zest for life have been severely impacted by the defendant’s negligence,” he added.
Kmart was ordered to pay A$59,929.36 and court costs.
