- About Slip and Fall Injury Claims
- Claiming Compensation for Supermarket Slip and Fall Injuries
- Australian Compensation Payouts for Slip and Fall Claims
- How to Have a Successful Slip, Trip and Fall Compensation Claim
- How Personal Injury Lawyers Help with Public Liability Claims
You could claim a compensation payout in Australia when you have injuries from a supermarket slip and fall accident. Most people assume they will be safe when shopping, but tragically, injuries at supermarkets happen more frequently than you may imagine.
Generally, you can seek lump sum compensation when the unexpected happens, and you have a slip and fall injury at Woolworths, Coles, Aldi, IGA, Costco, or another Australian supermarket. In this case, our ultimate guide explains everything you must know regarding your legal rights and how to make a successful slip-and-fall payout in Australia.
About Slip and Fall Injury Claims
Slip-and-fall injury claims are Australia’s most frequent type of public liability claim. Thankfully, the Civil Liability Act protects your rights when seeking compensation for your loss.
Historically, public liability insurance claim outcomes have been unpredictable and uncertain, which is where a skilled trip and fall lawyer can assist. They regularly negotiate with all the major public liability insurers and have the know-how to have a successful slip-and-fall payout. Use our free online claim check, to see if you have a valid case.
What is my claim worth?
Claiming Compensation for Supermarket Slip and Fall Injuries
Serious slip and fall injuries sustained in a supermarket or shopping mall can mean time away from work, ongoing medical treatment, and even surgery. This situation can be financially devastating.
Hence, Australia has a support system that provides financial assistance to injured people, particularly in public spaces like shopping centres and stores.
Hence, you have the right to make a compensation claim against the public liability insurance policy of the negligent party. Having a successful claim means you will receive a lump sum slip and fall payout, which can be sizeable.
Common Supermarket Trip, Slip and Fall Hazards
Unsurprisingly, most supermarket accident claims are against the leading brands of Coles and Woolworths. However, fall accidents also happen when shopping at IGA, Aldi, Kmart, BigW, shopping centres, and other stores. All these Australian supermarkets & stores owe a legal duty to take reasonable care for their shopper’s 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
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
Sadly, despite their duty of care, people are still mentally and physically injured by these common shopping hazards in Australia.
Typical Supermarket Slip and Fall Injuries
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?
Australian Compensation Payouts for Slip and Fall Claims
In Australia, the average compensation payout for a slip and fall claim ranges from $15,000 for minor damage to $500,000 or more for catastrophic injuries. Typically, the value of slip and fall settlements depends on your injury severity and the value of your economic and non-economic losses.
At Splatt Lawyers, knowing how much compensation you could receive in a slip-and-fall payout is free. Contact us now to know whether you have a valid claim, your recommended next steps, and your likely outcome – Call 1800 700 125
Supermarket Slip and Fall Payouts in Australia
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, which included the cost of her husband’s additional care.
How to Have a Successful Slip, Trip and Fall Compensation Claim
Successfully achieving a compensation payout for a slip and fall claim depends on a series of factors, including:
- Diligently following the insurance claims process
- The knowledge and skill of your trip and fall lawyer
- The quality of available evidence
- Litigating a denied case (if required)
Please know that supermarket chains, stores, and shopping centres will have expert lawyers challenging your claim, and public liability insurance companies will also seek to minimise or deny your settlement amount.
Free Online Claim Check
What Can I Claim for a Shopping Centre Slip and Fall?
People seeking compensation for supermarket or shopping centre slip and fall accidents can generally receive financial damages, including:
- Pain and suffering
- Past and future lost income & superannuation
- Emotional distress
- Medical bills like doctor’s appointments, physiotherapy, and rehabilitation
- Cost of home care and medical equipment
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 negligent action or inaction of the grocery store or shopping centre 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; you must prove that the supermarket’s negligence caused your emotional trauma or physical damage. To do this, you will need medical expenses and treatment records, proof of lost wages, and proof of lost quality of life.
You suffered a loss: Next, you must show that your physical and emotional damage caused you to suffer a financial loss for which you can seek compensation.
Ultimately, success relies on understanding the legal process for filing a slip-and-fall injury claim against a supermarket. At Splatt Lawyers, we provide free initial consultations and are here to help you make sense of the legal process. Contact us now for more information and free advice.
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.
- Get personal injury advice. Slip and fall lawyers understand public liability insurance claims and how to have a successful claim.
Time Limits for Lodging a Slip and Fall Claim
Australia has strict time limits for a slip and fall injury claim. Hence, your best decision is to seek common law damages immediately for a winning outcome.
Generally, you must lodge your public liability claim within three years of the accident date, and there can be other statutory time frames for commencing legal action. Additionally, the steps you take following your supermarket accident will influence your outcome, so your best choice is to seek legal counsel immediately. Fortunately, our expert public liability lawyers offer free legal advice, so call now for immediate support – 1800 700 125
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How Long Does It Take to Get a Slip and Fall Payout?
Supermarkets, shopping centres, and grocery store slip and fall claims typically have mediated settlements, thus avoiding expensive and unpredictable court action. The average time to achieve compensation for slips and falls is six to ten months for moderate and minor injuries and up to 18 months for severe harm. However, if public liability claims proceed to court, an outcome can take several years, depending on how the responsible party defends the case.
How Personal Injury Lawyers Help with Public Liability Claims
If a property owner’s negligence injures you, you could sue for damages with the support of a knowledgeable personal injury lawyer. Seeking compensation is challenging, especially for supermarket injury claims; however, public liability lawyers have the skill and expertise to help you access financial compensation.
For almost thirty years, the legal team at Splatt Lawyers has helped many Queenslanders access justice after a shopping centre or supermarket accident. Ask our compensation lawyers for a free claim check, and be sure of your rights. Call Now – 1800 700 125.
Win Your Case With Splatt Lawyers?
Public Liability Lawyers Nearby
When you have an eligible public liability claim for a shopping slip and fall accident, it’s reassuring to know that Splatt Lawyers are nearby. With ten Queensland-wide locations, from Cairns to the Gold Coast, you can access free legal advice from our expert slip-and-fall lawyers at a time that suits your schedule. Choose your location now: