Most of us visit shopping centres or supermarkets on a regular basis – whether it’s to pick up groceries, run errands, or enjoy a bit of retail therapy. While these places are generally safe, accidents can still happen. Slips, trips, and falls in shopping centres and grocery stores are unfortunate but common occurrences. If you are injured while visiting one of these establishments, you may be entitled to compensation for your medical treatment, lost wages, and pain and suffering.
In this article, we will explain how these incidents can result in a public liability claim for compensation, and what steps you should take if you find yourself injured in such a situation.
The Duty of Care Owed by Shopping Centres
When you visit a shopping centre or supermarket, the property owner and any controller or manager of the site owe you a duty of care. This means they must take reasonable steps to ensure your safety while you are on their premises, removing or controlling any significant hazards that could lead to injury. This duty applies to customers, workers, and other visitors alike.
The scope of this duty is not infinite, however. It’s not about eliminating every possible risk, but rather addressing risks that are foreseeable and significant enough that a reasonable person would take precautions to avoid them. For example, if a customer spills a drink on the floor and someone later slips on it, the store may be liable if they failed to follow reasonable cleaning and inspection procedures to identify and remove the hazard.
However, not all accidents result in a breach of duty. If the risk was not foreseeable, or if the shopping centre already had a reasonable system in place to address the hazard, they may not be held liable for the incident. Courts consider whether the property owner took adequate precautions to prevent the risk, such as having regular cleaning intervals and ensuring that employees are trained to spot and remove potential hazards, amongst other factors.
High Court Precedents – Public Liability Claims
Several landmark cases have shaped the way public liability claims are determined. One of the most significant is Strong v Woolworths Limited (2012), where the High Court set a minimum standard for the frequency of inspections and cleaning of publicly accessible spaces, such as shopping centres and supermarkets.
In this case, a customer slipped on a hot chip at the entry of a Big W store. The Court ruled that Woolworths had failed to meet the required standard of care because the area had not been inspected for several hours, and the chip had been on the floor for an unreasonable period of time, posing a hazard to the safety of customers. The Court established that shopping centres and supermarkets should inspect their premises and clean up hazards at intervals no greater than 15 to 20 minutes.
This ruling has become the standard for cleaning rotations and inspection of public spaces. Generally, If an injury occurs and the hazard (such as a spilled item) was present for less than 20 minutes before the fall, the chances of a successful claim for compensation are significantly lower. On the other hand, if a hazard has been ignored for longer than this timeframe, the chances of a successful claim generally increase.
Contributory Negligence; Do Customers Have a Role?
While shopping centres and supermarkets have a duty to ensure their premises are safe, customers also have a responsibility to look out for their own safety. For example, if a hazard is obvious and easy to avoid, such as a visible wet patch on the floor, then the injured person may be considered partially responsible for not taking adequate care and contributing to the incident’s occurrence.
This is known as “contributory negligence.” If a court finds that the injured person contributed to the injury-causing incident, the damages awarded may be reduced in proportion to their level of fault.
Steps to Take if You’re Injured in a Shopping Centre
If you suffer an injury in a shopping centre or supermarket, there are several steps you should take to ensure your rights are protected:
- Report the incident: Immediately notify the shopping centre management or staff about the incident. Make sure a record is created.
- Gather evidence: Take photographs and/or videos of the area where the incident occurred. Focus on the hazard that caused the injury.
- Seek medical treatment: Ensure you get medical attention as soon as possible, even if your injuries seem minor. Documentation of your injuries is crucial for any potential claim.
- Collect witness information: If there were any witnesses to the accident, make sure to get their contact details. They could play a critical role in supporting your claim.
- Obtain CCTV footage: If possible, ask the management for a copy of the CCTV footage of the incident. This could provide essential evidence about the circumstances surrounding the fall.
- Consult a lawyer: Speak with a personal injury lawyer who specialises in public liability claims. They can help you understand your rights and determine whether you have a viable claim.
Can You Make a Claim for Compensation?
If you’ve suffered an injury due to a slip or fall in a shopping centre or supermarket, you may be eligible for compensation. The property occupier is usually covered by public liability insurance, which may help cover medical expenses, lost wages, and other damages.
In Queensland, the legal framework for such claims is governed by the Personal Injuries Proceedings Act 2002 (Qld). The success of your claim depends on various factors, including whether the shopping centre had a reasonable system of inspection and cleaning in place and whether the hazard was foreseeable.
It’s important to note that public liability claims are governed by strict time limits. That’s why consulting with a personal injury lawyer at the earliest possible opportunity is essential.
You may also be able to access insurance benefits, including income protection payments, associated with your superannuation.
Injured in a Public Space? How We Can Help You with Public Liability Claims
If you’ve been injured in a shopping centre or supermarket, and you’re unsure whether you have a claim, we are here to help. Our team of experienced personal injury lawyers can provide expert advice on your rights and potential entitlement to compensation. We offer a free initial consultation and if we can help you with a claim, we will act on a ‘no win, no fee, no uplift’ basis.
If you or someone you know has suffered a serious injury in a public space, please do not hesitate to contact us today for an obligation-free consultation. We will assess your case and guide you through the process to ensure you receive the compensation you deserve, including advising you on potential insurance benefits associated with your superannuation account.
Posted in: Personal Injury
January 23 2025
