In Australia, you could have the right to claim compensation when injured by a negligent supermarket slip and fall accident. Shopping centres, shops and stores are legally obligated to provide a safe environment, but supermarket injuries still occur.
This guide explains everything you must know regarding your legal rights under personal injury law when you have a slip-and-fall accident at Woolworths, Coles, Aldi, IGA, Costco, or another Australian supermarket, including your right to seek negligence damages and receive a slip-and-fall payout.
About Slip and Fall Accident Claims
Slip-and-fall accident claims are Australia’s most frequent type of public liability claim. The Civil Liability Act (the applicable personal injury legislation) protects your right to seek compensation for this type of accident.
Historically, public liability insurance claim outcomes have been unpredictable and uncertain. However, an experienced slip-and-fall lawyer can explain the common pitfalls. Litigation lawyers regularly negotiate with all the major public liability insurers and know what must be proved to receive a slip-and-fall payout.
Splatt Lawyers provide a free case review if you have suffered a financial loss due to negligence that explains your rights. All our legal services are 100% no-win, no-fee. Pay when you win and zero if you lose. Call 1800 700 125
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Personal Injury Claim for a Supermarket Slip and Fall Accident
A slip-and-fall incident in a supermarket or shopping mall can result in serious injuries, time away from work, ongoing medical treatment, and even surgery. Australia has a support system that assists injured people, particularly in public spaces like shopping centres and stores.
If you are injured in a slip-and-fall accident, you may have the right to make a compensation claim against the negligent party. Their public liability insurer will generally deal with this claim. Once approved, you receive a lump sum slip-and-fall payout as the final settlement of your case.
Common Supermarket Trip, Slip and Fall Hazards
Unsurprisingly, most supermarket accidents happen with the leading brands, Coles and Woolworths. However, slip and fall accidents also happen when shopping at IGA, Aldi, Kmart, BigW, shopping centres, and other stores. All these Australian supermarkets and stores owe a legal duty to take reasonable care for their shoppers’ safety, including the management of common slip hazards, such as:
- Providing adequate lighting
- The provision of non-slip flooring in potential slip-hazard areas
- Removing tripping hazards like loose mats and cracked and uneven floors
- Immediately cleaning and drying wet floors.
- Keeping the supermarket aisles free of trip risks like fallen and broken products
- Adequate warning signs in hazard areas, like sticky, greasy and slippery surfaces
- Removing rubbish, particularly broken glass
Other Supermarket Slip and Fall Risks
Common supermarket slips involve factors other than wet surfaces, putting your health and safety at risk, such as:
- Faulty escalators and lifts
- Missing exit and entry mats
- Over-stacked shelves or product displays
- Defective and broken doors or stairs
Regardless of their duty of care, people are mentally and physically injured by these common shopping hazards in Australia. When someone is harmed by a store owner’s or manager’s negligence, they could have the right to seek damages for their loss.
Common Slip and Fall Injuries in Supermarkets
Slip and trip accidents commonly result in mild and severe injuries, including:
- Back injuries and spinal trauma
- Head injuries
- Ankle and leg fractures
- Soft-tissue injuries like whiplash, strains, sprains and minor bruising
- FOOSH injuries – fall on outstretched hand
To meet their public liability responsibilities, supermarkets and shopping centres must be vigilant about maintaining a safe environment. They can minimise risk by taking steps like:
- Regularly inspecting and repairing damaged flooring
- Diligent cleaning duties for spilled liquids and leaks
- Placing adequate warning signs in hazardous areas
- Ensuring their staff are aware of the legal implications of safety breaches
Do I Have a Valid Claim?
Average Slip and Fall Settlement Australia
The assessment of damages for supermarket slip-and-fall claims is complex, as illustrated in the case examples below. In Australia, knowing the average payout for slip-and-fall settlements is difficult because most claims are resolved through mediation, and the results are confidential. However, court-awarded payouts can be accessed by the public, and below are two examples with compensation ranging from: $14,917 for minor damage to $497,353 for catastrophic injuries.
Our 100% no-win, no-fee lawyers offer legal advice regarding slip and fall payouts. For free, they can advise if you have a valid claim, your legal options and likely outcome – Call 1800 700 125
Supermarket Slip and Fall Payouts Australia (Case Studies)
Coles Slip and Fall Case Study (Coles Supermarkets Australia Pty Ltd v Haleluka)
In 2008, a Coles employee’s carelessly handled trolley struck a 51-year-old woman, impacting her right hip and causing her to fall onto her left side. She sought medical attention the same day at a shopping centre.
The Court noted that the employee had a duty of care to avoid colliding with the claimant and that there was a foreseeable and significant risk of injury. In this case, the woman was deemed to have no contributory negligence and was awarded damages of $497,353.
Woolworths Slip and Fall Case Study (Rushton v Woolworths Ltd)
A woman in Maroochydore sustained injuries to her hip, knee, and ankle due to a trolley that a Woolworths employee was pushing. The impact made the claimant’s already existing arthritic knee condition worse. She received $14,917 in personal injury damages, including her husband’s additional care.
Making a Slip and Fall Compensation Claim
Achieving a compensation payout for a slip and fall claim depends on a series of factors, including:
- Diligently following the insurance claims process
- Advice from a personal injury lawyer
- The quality of available evidence
- Litigating a denied case (if required)
Please know that supermarket chains, stores, and shopping centres have expert public liability lawyers who dispute claims. Public liability insurance companies will also seek to minimise or deny settlement amounts. An experienced legal team understands how insurers limit their responsibility when seeking damages for negligence.
Splatt Lawyers can explain the claim process and the proof required to resolve a claim. Call 1800 700 125
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How Much Compensation Can I Claim for a Supermarket Slip and Fall?
The value of compensation claims for a supermarket slip and fall depends on:
- How your injury occurred
- The severity of your injuries
- How much they disrupt your work capacity.
People seeking compensation for supermarket or shopping centre slip and fall accidents can generally receive financial damages for the following:
- Pain and suffering
- Past and future lost wages and superannuation
- Lost quality of life
- Medical bills like doctor’s appointments, physiotherapy, and rehabilitation
- Cost of home care and medical equipment
Splatt Lawyers provides free legal advice regarding slip-and-fall compensation and your right to a negligence settlement. Call 1800 700 125
What You Must Prove for Supermarket Injury Claims
Generally, there are four elements you must prove to win your supermarket slip and fall injury case.
Prove negligence
You must show that the grocery store’s or shopping centre’s negligent action or inaction caused your injuries and the associated financial loss.
Supporting evidence
Proving the other party’s failure of duty relies on proof that the supermarket was aware of the hazard and either didn’t act or took insufficient action to prevent harm. This evidence typically included photos, videos, witness statements, expert medical assessments, and reports.
Show that you have suffered an injury
Next, you must prove that the supermarket’s negligence caused your emotional trauma or physical damage. This process requires medical expenses and treatment records, proof of lost wages, and proof of lost quality of life.
Prove you suffered a financial loss
Next, you must show that your physical and emotional damage caused you to suffer a financial loss for which you can seek compensation.
Steps to Take After Slipping on a Wet Floor in a Supermarket
These are the recommended steps if you have recently had a wet floor slip and fall accident in a supermarket, store, or shopping mall.
- Report your accident; Lodge an incident report with centre management or the store owner, and retain a copy.
- Seek medical attention; immediately visit a doctor or GP to register damages and begin your recovery.
- Document the incident: Take photos and videos of the accident scene, including any fall hazards.
- Seek personal injury advice. Slip and fall lawyers understand public liability insurance claims and what you must prove for a successful outcome.
Time Limits for Lodging a Slip and Fall Claim
Australia has strict time limits for slip-and-fall injury claims. A compensation solicitor can explain the applicable lodgement deadline for seeking common law damages. However, the general time limit to lodge a public liability claim is three years from the accident date, but there can be other statutory time frames for commencing legal action.
Our public liability lawyers can explain the time limits that apply to your case. Call 1800 700 125
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How Long Does It Take to Get a Slip and Fall Payout?
The average time to achieve compensation for slips and falls is nine months for moderate and minor injuries and up to 18 months for severe slip-and-fall injuries. Supermarket, shopping centre, and grocery store slip-and-fall claims typically have mediated settlements, which avoid expensive and unpredictable court action.
However, if public liability claims proceed to court, an outcome can take several years, depending on how the responsible party defends the case. An out-of-court settlement is generally preferred as it typically settles in a shorter time frame with lower legal fees.
Personal Injury Lawyers’ Advice for Public Liability Claims
You could have the right to sue for damages when a property owner’s negligence injures you. In that case, a personal injury lawyer understands the legal options. Furthermore, an experienced public liability lawyer can explain the legal process of supermarket injury claims and the steps to access financial compensation.
The legal team at Splatt Lawyers can explain your rights after a shopping centre or supermarket accident on a 100% no-win, no-fee basis. It’s free to know your options. Call 1800 700 125.
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Supermarket Slip and Fall Cases FAQS
Can I sue a supermarket for slipping?
In Australia, you could have the right to sue a supermarket and claim compensation when you suffer a fall injury due to their negligence.
What is contributory negligence in a slip and fall case?
You could have contributory negligence if you contributed to the fall accident by failing to care for your safety. In slip-and-fall accident cases, public liability insurance companies often try to assign contributory negligence to the claimant to reduce the value of a lump sum payment.
What if I have a slip-and-fall injury at work?
Not all slip-and-fall accidents are covered by public liability insurance. Workers’ compensation insurance covers you regardless of who was at fault for a fall injury at work. Fall injuries are Australia’s most common type of workers’ compensation claim.