Supermarkets, shopping centres, businesses and stores have a duty of care to provide the public with a safe environment. If this duty of care is not upheld and you get injured, you may be entitled to compensation.
Injuries can occur from something as simple as a slippery floor to a broken escalator, leaving you hurt and uncertain of your next steps. If these hazards are a result of the store’s negligence, you may have a public liability claim.
Do I have a public liability claim?
If you’ve been injured in a public place, you may have a public liability claim. However, you’ll need to prove fault that someone else was at fault for your injuries. Often, whoever that is in control of the area or responsible for maintenance of an area, may have failed to do something, or has done something incorrectly, which can then lead to a dangerous situation and subsequent injury. In other words, you need to prove that your injury was a result of another person's negligence, for example, failing to clean a spill or neglecting to regularly inspect and maintain the premises so that hazards are minimised.
This is often referred to as a breach of duty, which is why it's so important to engage a lawyer who understands the complexities of public liability law. They can help build the strongest case possible and represent you in court if needed.
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Common hazards at shopping centres and supermarkets
- The most common hazards in shopping centres and supermarkets include:
- Slippery floors
- Poor lighting
- Loose foods or objects (grapes, yogurt, toys, etc.)
- Unsigned electric cables
- Faulty steps, lifts and escalators
- Uneven or damaged flooring
Most common injuries for slips, trips or falls claims
When it comes to slips, trips, or falls at shopping centres or supermarkets, the following injuries are the most commonly reported in public liability claims:
- Sprains and strains: often affecting the ankle, knee, or wrist.
- Head injuries: including concussions or cuts from falls.
- Soft tissue injuries: such as ligament damage or bruising.
- Knee injuries: such as tears or fractures.
- Wrist and shoulder injuries: including sprains, fractures, or dislocations from trying to break the fall.
- Back and neck injuries: including compression and fracture injuries to the vertebrae.
If you’ve been injured, it’s important to document your injuries, get medical treatment, and report the incident to the store or management. Consulting with a lawyer can help you understand your options for pursuing a claim for compensation.
Examples of slips, trips or falls claims
Slips, trips, or falls can happen anywhere. Some examples of public liability claims that could result in compensation for pain and suffering, lost wages, ongoing care costs, or medical expenses might include:
- A customer fracturing their knee after slipping on water leaking from a store’s roof, requiring medical treatment and time off work to recover.
- Someone falling in a car park after slipping on painted road markings that weren’t properly treated with non-slip paint, resulting in a serious knee injury that requires surgery.
Who is liable for a slip, trip or fall accident?
If you can prove that your slip, trip or fall accident was due to another person’s negligence, they can be held responsible for your injury. It is common for claims to be brought against supermarkets, shopping centres and other businesses who are responsible for the area where your incident has occurred.
Public liability insurance is widely held by stores and businesses in Australia. This insurance covers potential claims, ensuring that injured shoppers receive the necessary compensation for rehabilitation and recovery without financially burdening the shop owners.
It's important to understand that your compensation will likely come from the store's public liability insurance.
What should I do if I’ve been injured at a store?
To ensure your legal team has all the resources to represent your best interests, ensure that you follow these steps immediately after your injury:
Seek medical treatment.
Take photos of your injury and where it happened.
Report your injury to the store.
Collect contact details of any witnesses.
Request CCTV footage if available.
Keep receipts and records of medical expenses and treatments.
Track any lost wages or expenses due to your injury.
Contact a member of our experienced Public Liability team, we’ll be able to answer your questions, help you consider your options, and advise if you may have a claim.
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Frequently Asked Questions
We introduced No Win No Fee* to Australia back in 1994 so that more people could afford access to high-quality legal services, and public liability claims are no exception. To put it simply, if we don't win your claim, you won't be charged for the work we do on your case.
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If you’re injured, and you can prove fault, you may be able to claim compensation for:
- Loss of past earnings
- Loss of future earnings
- Medical expenses
- Rehabilitation costs
- Pain and suffering
- Loss of enjoyment of life
- Ongoing care costs
- Travel expenses
In Australia, you have three years from the date of the accident to make a public liability claim, so it’s important to act fast so you and your legal team can build the strongest case possible.
While each case is unique, it takes around 12-18 months for a public liability claim to proceed from start to finish. However, these are just averages, and your case could be resolved quicker.