How Bunnings' sausage sizzle rule will change Australia's barbecue culture forever – because ANYONE hosting an event can be sued over spilled onions

  • Bunnings have moved to serve onions under the sausage at their weekend BBQs
  • Decision came after multiple lawsuits from people who slipped on onions
  • Legal experts say there is a risk to anyone that holds a public barbecue 
  • Safety inspections should be carried out every 15-20 minutes to check for spills 

By Hannah Moore For Daily Mail Australia

Published: 10:02 EST, 15 November 2018 | Updated: 10:27 EST, 15 November 2018

Bunnings' edict on how their famous $2.50 sausage sizzles are to be served at their stores will have wider implications for every hosting public barbecues, legal experts say.

On Tuesday, Bunnings announced onions had to be served underneath sausages at all fundraising BBQs held at any of it's 294 stores from now on.

The move comes after a Queensland man Trevor slipped on the popular topping, which had fallen from a person's sausage sandwich, damaging his new hip and causing him emotional distress.

Trevor, who cannot be identified because he's signed a non-disclosure agreement, had sued the retail giant hoping they'd ban eating inside stores completely.

And the 65-year-old's legal action is not the only one that has been filed - with a Victorian nurse also claiming she sued after slipping on an onion in the store - alleging her fall saw her almost lose her home and cost her a career as a theatre nurse.

Changes to how Bunnings serve their sausage sizzle could affect how smaller fundraiser BBQs are run

Changes to how Bunnings serve their sausage sizzle could affect how smaller fundraiser BBQs are run

Bunnings said the latest directive handed out to those manning the barbie is intended to improve safety. But the hardware chain has been widely mocked and it's decision ridiculed, with many saying it's a rise in Australia's nanny state.

But James Chrara, NSW general manager of Shine Lawyers, told Daily Mail Australia the Bunnings rule could hit every public sausage sizzle in the country. 

He warned everyone from schools to community groups risked being sued themselves if they did not take precautions.

'Fundamentally, the same rules apply to everyone in relation to the duty of care owed to customers who want to purchase sausages,' he said.

'If you've invited a group of people into an area to consume sausages, then you've got a higher obligation on ensure their safety.'

Mr Chrara said regular inspections conducted every 15-20 minutes could reduce the chance of accidents as spills would be spotted sooner.

However, this wouldn't apply to sausage sizzles held on grass and sand, where the chance of falling is less likely.

 'Any time food spills to the ground and is in contact with concrete, it's very unforgiving.
 James Chrara, Shine Lawyers

'If you've got a sausage sizzle on grass, 15-20 minutes is not necessary because there's not a slip issue.'

The upcoming state election in Victoria is a prime example of how the great Australian tradition could be affected.

Primary schools across Victoria are now scrambling to work out if they could be at risk if they serve onions with their sausages on election day.

Multiple schools told Daily Mail Australia they would be having a meeting ahead of the big day, though they all still intended to serve onions. 

'We're only a little school... we'll have to put onions under our sausages,' she said. 

Onions must now be served below the sausage to reduce the risk of falls, after multiple people filed lawsuits because they slipped on a dropped piece of onion

Onions must now be served below the sausage to reduce the risk of falls, after multiple people filed lawsuits because they slipped on a dropped piece of onion

'It's a safety issue I guess. I'm going to have to talk to the principal.'  

A spokesman from Democracy Sausage - a website that marks which polling booths will be selling sausage sandwiches on election day - told Daily Mail Australia they supported the move, but could understand the controversy.  

'While we understand that sausage traditionalists may be skeptical of the changes, Bunnings does have a point,' he said. 

'Its warehouses are filled with many very heavy, very sharp objects, and so we can believe that spilled onion on the floor does pose a safety concern. 

'We suspect the same concerns are not necessarily present in other sausage fundraising environments, but it can't hurt to make sure.

'But once the sausage, onion, bread and condiments are in your mouth, it probably doesn't make a difference.'

Lilly Boskovski, a principal public liability lawyer for Slater and Gordon, said Bunnings were right to change their policy in the wake of the lawsuits. 

Legal experts say the liability extends to all public BBQs, and inspections should be made every 15-20 minutes to check for spill risks when a sausage sizzle is held on concrete

Legal experts say the liability extends to all public BBQs, and inspections should be made every 15-20 minutes to check for spill risks when a sausage sizzle is held on concrete

'Anything that could increase the possibility or likelihood of injury is something a store like Bunnings or even a surf lifesaving club would have to try and reduce as reasonably as possible,' she told Daily Mail Australia. 

ONE BUNNINGS ONION VICTIM TELLS HER STORY

'I'm one of those people suing Bunnings over onion on the floor and a very nasty fall that I suffered because of it in February. 

This has had such a huge impact on my life, only those close to me will really ever know or understand. But in short, besides the pain,surgery and an unknown future, I was more offended by the laughter and comments over the whole issue than anything else. 

Yes it seems funny and stupid, but for me personally that one trip to Bunnings has nearly cost me my career (theatre nurse), my home and at my darkest time when I could see no future, nearly my life. 

So please before you say things and have a good laugh, just think of those many poor people out there that have really been affected by something so simple as a stupid little piece of onion that fell onto the floor while you were shopping.'

'It's something supermarkets and shopping centre food courts do all the time because there are food substances there and the risk [of a fall] is a bit higher.'

Ms Boskovski said she felt for Trevor, who required an urgent MRI after his fall, and said the case and subsequent media attention was a great thing for the wider community, who may not know their rights when it comes to getting injured in a public place. 

'Because it seems like a trivial thing and it happens outside the working context, a lot of people don't know they have entitlements and rights to pursue these matters,' she said.

'For this poor bloke, MRI scans and specialists can be expensive, and when you don't have the luxury of waiting in the public system, those costs can add up.

'These treatments can cause a big financial burden to people who are injured, and they might be unable to go to work, so there would be a loss of income. 

'For some people, there might even be an uncertainty they could even return to work and perform at the capacity they were prior to the injury.

'Even if it seems trivial or unusual there may in fact be rights or entitlements, and people should make that phone call to a law firm to find out if they can do anything.'

ONIONS ABOVE OR BELOW? DEMOCRACY SAUSAGE.COM SAYS IT DOESN'T MATTER 

A recent decision by Bunnings to revise its sausage sizzling recommendations, particularly in regards to the placement of onion, has received national media attention.

Our Democracy Sausage team is normally focused on election-day sausageering, but since we definitely reckon a lot of things, we choose to make the following comments. 

Sausage sizzling policy has always been somewhat controversial, from the dilemma over the use of buns or sliced bread, to whether in fact onion should be added at all. 

Bunnings’s new recommendation to community groups to add onion underneath the sausage, rather than on top, presents another dimension to this debate. 

As Democracy Sausage enthusiasts, we are always looking forward to new innovations in the craft, and as such we generally support this move. 

While we understand that sausage traditionalists may be sceptical of the changes, Bunnings does have a point. 

Its warehouses are filled with many very heavy, very sharp objects, and hence we can believe that spilt onion on the floor does pose a safety concern. 

We suspect the same concerns are not necessarily present in other sausage fundraising environments, but it can’t hurt to make sure. 

Once the sausage, onion, bread and condiments are in your mouth, it probably doesn’t make a difference.

- Dave from team Democracy Sausage

 

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