Slip and fall injuries in shopping centres occur frequently. If you’ve been injured in a shopping centre or at a supermarket, you may be entitled to claim compensation.
A public liability claim for personal injury is made against the owner or occupier of the shopping centre, usually through its insurer.
Compensation may be claimed for injuries sustained in a shopping centre due to:
- slipping and falling because of slippery floors or spilt substances on a floor;
- tripping over unattended items such as cleaning equipment, buckets left in clearways or shopping aisles;
- running into pallets, boxes or other obstacles;
- faulty or malfunctioning doors, chairs, escalators, lifts and shopping trolleys.
Our lawyers have assisted many clients who have suffered an injury in a shopping centre because of somebody else’s negligence.
Can I make a claim?
If you believe your injury could have been avoided by somebody being more diligent and careful then you may be successful in making a claim. You will need to show that you hurt yourself because of the negligence of the business against whom you are claiming. Our lawyers will guide you through this process.
Owners and occupiers of a shopping centre owe a duty of care to their shoppers to provide a safe environment and prevent ‘reasonably foreseeable’ harm. Shops should be monitored frequently to ensure that accidents are prevented. This includes sweeping and cleaning floors, promptly attending to spills, keeping aisles free from obstructions, maintaining equipment and ensuring that appropriate signage is displayed to identify hazards.
The risk of harm must be ‘reasonably foreseeable’ and the injuries must be directly related to the negligent act. An example is slipping on spilt cordial in the drink aisle and breaking your ankle. If the spilt liquid was not cleaned promptly and there were no hazard signs deterring shoppers away from the danger then it is ‘reasonably foreseeable’ that somebody could slip, fall and sustain injury.
What to do if you are hurt at the shops
Proving negligence can be complex and our lawyers are highly experienced in this area of law. There are however steps you can take to help your case if you are involved in a shopping centre accident:
- Report your injury to the manager or security and ensure a written record is completed. The incident report should contain all relevant details of the accident. Clearly write down how your accident happened, take photographs or video footage of the scene if you can, or ask somebody else to.
- Obtain medical treatment and take photographs of your injuries. Attend your doctor or the emergency department so you have a record of your condition. Sometimes injuries take a few days before they eventuate – what initially might seem like a strain or bruise could end up quite debilitating.
- Check for surveillance cameras and obtain witness details. You can ask the security or centre management to check if there is any footage of your incident. If you were shopping alone, nearby shoppers may be able to provide a statement.
- Keep a record of the financial costs you have incurred because of your injuries. Record time taken off work, attendances at your doctor or specialist and your medical and other costs such as physiotherapy, rehabilitation, pharmaceuticals and hire of mobility aids such as crutches.
- Obtain legal advice as soon as possible – time limits apply when making a public liability claim and we will need to build as strong a case as possible to help obtain maximum compensation for your loss.
If you have sustained injuries in a shopping centre it is important to seek legal advice from an experienced lawyer as soon as possible. Our lawyers have a reputation for obtaining excellent results for our clients who have suffered injury in a public place, such as a shopping centre, due to somebody else’s negligence.
What can be compensated?
There are a wide range of compensation payouts and they are different for each claim.
If your claim is successful, you may be entitled to compensation for:
- Pain and suffering
- Past and future loss of earnings
- Past and future medical expenses
- Past and future care you may require as well as any other needs like wheelchairs or home modifications
The best way to know what compensation you may be entitled to is to contact us. We can assess your situation and give you a good indication of what sort of compensation you could receive.
Who pays the public liability compensation?
Generally, the insurance company of the party at fault will pay the compensation. This is called public liability insurance. You do not have to worry about finding the details of the insurance company yourself. We have the resources to find these important details.
Are there any time limits to making a public liability claim for compensation?
Time limits apply when making a public liability claim and we will need to build as strong a case as possible to help obtain maximum compensation for your loss. Time limits also differ from state to state. We therefore recommend you contact us without delay so we can ensure deadlines aren’t missed.
How much will it cost to make a claim?
We offer a No Win, No Fee* arrangement for public liability claims because we believe anyone with a claim deserves access to legal representation, no matter their financial circumstances.
This means you don’t have to pay our legal fees unless your claim is successful. Legal costs will depend on the amount of work required to resolve your claim.
For more information on our No Win, No Fee* guarantee, contact our expert lawyers for a confidential and obligation-free consultation.