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Read moreYes, you could have a claim if you were injured from a slip, trip, or fall in a supermarket or shopping centre.
Though these incidents might seem minor, they can lead to serious injuries that require medical treatment, time off work, and sometimes even surgery.
To make a successful claim, you need to prove that the supermarket or shopping centre was negligent. This means they either did something or didn’t do something that directly led to your injury. For example, if they left spilled liquid unattended and you slipped and got hurt, you probably have a valid claim.
Below, you’ll find our simple guide to making a supermarket or shopping centre claim. If you’d rather chat with a lawyer now, just give us a call. Our expert team are always ready to offer free advice on your situation.
Find out if you have a supermarket or shopping centre claim today.
In our experience, some of the most common examples of negligence include:
This is by no means a complete list — just a snapshot of claims we’ve won over the years. If you’re unsure whether your accident qualifies for compensation, contact us today.
You must meet four basic criteria to prove your claim.
Anyone who owns or manages a store, building, or other premises has a duty to keep it safe for everyone who enters. This means they’re legally required to ensure the safety and well-being of their staff and customers. Generally speaking, both shopping centres and supermarkets have this responsibility towards everyone on their property.
This means figuring out when the hazard appeared and how long it was left before being cleaned up or fixed.
If the store or building knew about the problem and did nothing, it’s usually a clear case. But if they didn’t know, you’ll need to show they should have known about it. The court will look at the details of your accident to decide if the hazard was something they ‘ought to have known’ about.
For example, if a supermarket spill is left unattended for hours and you slip on it, you might have a solid case for compensation. But if you slip right after the spill, proving that the store was at fault can be more difficult.
You’ll need to prove that your injury happened because the hazard wasn’t dealt with in a reasonable time. This is known as the ‘but for’ test — it means that ‘but for’ the store or shopping centre’s failure to address the hazard, you wouldn’t have gotten hurt.
You need to show that you’ve experienced injury and ‘loss’ from the accident, like medical bills, lost wages, or pain and suffering (how the injury has negatively affected your life).
To win your claim, you need solid evidence proving all four criteria. That’s why it’s crucial to work with a lawyer who knows the ins and outs of supermarket and shopping centre injuries. We’ll tap into our nationwide network of medical and safety experts to gather strong evidence showing exactly how your injury occurred, its impact on your life, and how it links back to the supermarket or shopping centre’s negligence.
Paul suffered a severe hip injury after slipping in a wet Coles car park, leading to an urgent hip replacement and leaving him unable to walk without help.
Our safety expert uncovered serious construction defects in the car park and found documents proving Coles was aware of the problems.
The case went to trial, and the court ruled in Paul's favour. Even after Coles appealed, we successfully defended the decision, securing Paul $800,000 in compensation, including coverage for all his legal fees.
The amount of compensation you get is based on how severe your injury is and how it affects your life. Depending on your situation, you may receive compensation for:
Plus, if your injury stops you from going back to work, you might also have a Total and Permanent Disability (TPD) claim. As part of our comprehensive service, we’ll look into all your potential claims. This ensures you get the maximum possible compensation for your injuries.
Every claim is unique, but here’s how your case will typically progress:
During a free consultation, you’ll talk with one of our expert lawyers about your situation. We’ll listen to your story, assess if you have a valid claim, and give you an idea of your potential compensation.
Your lawyer will review your medical records thoroughly. If needed, we might arrange for assessments by our medical experts to confirm your condition, its severity, and its impact on your life. We cover all these initial costs, and you only pay if we win your case.
We collect as much evidence as possible, such as CCTV footage, witness statements, and photos of the scene. Additionally, we’ll work with a network of medical professionals to gather expert reports and testimonies supporting your claim. Supermarkets and shopping centres usually have big legal teams ready to challenge claims, so extensive evidence is absolutely crucial to securing your compensation.
With strong evidence in hand, we’ll file the necessary court documents and share evidence with the other side. Your case will proceed to mediation, where we’ll negotiate with the supermarket or shopping centre’s insurer to secure the best possible compensation for you.
Most claims are settled during mediation, so you’ll likely receive your compensation at this stage. However, if the insurer tries to deny your claim or their offer is unfair, we’re ready to take your case to court and fight for the full amount you deserve.
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
You can claim for any injury caused by negligence in a supermarket or shopping centre. From our experience, this can include (but is absolutely not limited to):
Time limits apply to all supermarket and shopping centre claims. The exact limit depends on the state you live in.
State | Time limit |
---|---|
NSW, VIC, TAS | 3 years from when you realise you have a claim |
QLD, WA, ACT, NT | 3 years of the accident date |
SA | 3 years of the accident (or realising you have an injury) |
It’s important to note that different time limits apply to minors and those living with disabilities. For a detailed breakdown, check out our guide to time limits.
If you’re past the time limit for making a claim, you still have options — but it’s important to speak with an expert lawyer right away. We can help you find a ‘reasonable excuse’ for the delay and request an extension from the court.
Common reasonable excuses include:
For a full list of exceptions, see our time limits guide.
You could get your compensation in as little as 6 months, but most claims take around 18 months to finalise. The exact timeline depends on the severity of your injuries and how they impact your life.
For instance, if your injuries are minor and you recover quickly, your claim might be resolved within a few months. However, if your injuries need more time to stabilise or if your case ends up in court, the process could stretch over several years.
During your first consultation, we’ll hear your story and review your medical records. From there, we can give you a more precise idea of how long your claim might take.
Gathering strong evidence is crucial for your claim. It not only helps to win your case but ensures you’re compensated for the full extent of your injuries.
Here’s what you should collect:
This list isn’t exhaustive — the more evidence you gather, the stronger your case will be. When building your claim, your lawyer will consider what evidence is needed and take care of collecting it for you.
You have two main options if you were injured while working at a supermarket or shopping centre: a workers compensation or common law damages claim.
You can file a workers compensation claim regardless of who’s to blame for your injuries. You just need to show that the injury happened at work and that you lost income or needed medical treatment as a result.
Most workers compensation claims offer several basic entitlements, including:
If your injury is serious, you could be entitled to an additional lump sum payment. To qualify, you’ll generally need to meet a minimum level of impairment. In NSW, for example, you’ll be eligible if your Whole Person Impairment (WPI) is 11% or higher.
If your employer’s negligence caused your injury, you could have a common law damages claim. A successful claim can result in a significant lump sum payout — worth hundreds of thousands (or even millions) of dollars.
The exact amount of compensation you could receive depends on several factors, such as:
When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.
For over 25 years, we’ve helped people injured in supermarkets and shopping centres get the compensation they deserve. This means we’ll always:
Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.