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Do I have a claim?

Yes, 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.

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Examples of supermarket and shopping centre negligence

In our experience, some of the most common examples of negligence include:

  • Failure to mop up or clean up spills quickly.
  • Food items or other objects that have fallen and not been cleaned up.
  • Not clearing litter, broken glass, or other hazardous debris from the floor.
  • Not placing mats in areas where slips are likely, like near entrances or wet zones.
  • Inadequate lighting in areas where it’s difficult to see potential hazards.
  • Missing or broken handrails on stairs or ramps.
  • Not fixing uneven or damaged flooring that could cause trips or falls.
  • Poorly maintained or hazardous conditions in parking areas.

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.

How to prove your supermarket or shopping centre claim

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.

Case study: Paul receives $800,000 for Coles carpark slip and fall

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.

Read Paul’s full story

How much compensation will I get?

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:

  • Lost income and superannuation: both now and in the future.
  • Care and support: this covers professional care and help from family or friends, including if you can’t look after a child or dependent anymore.
  • Pain and suffering: the physical and emotional toll of your injury.
  • Other costs related to your injury: medical bills, travel expenses, and any changes needed for your home or vehicle.

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.

What to do after an accident: 3 steps to start your claim

  1. Get medical care: After an accident in a supermarket or shopping centre, seek medical attention for all injuries, no matter how minor they seem. This not only ensures you receive proper treatment but also provides essential documentation for your claim.
  2. Report the accident: Make sure to report the incident to the supermarket manager or shopping centre management as soon as possible.
  3. Seek legal advice: Consult a lawyer to understand your rights and options. During a free consultation, we’ll evaluate the supermarket or shopping centre’s negligence and explain what compensation you might be entitled to. There’s no obligation to proceed with us, but if you choose to, you’ll be protected by our genuine No Win No Fee guarantee.

What to expect from your claim

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.

Meet the team

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.’

Leon Monaco
Managing Partner
  • English
  • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
Nancy Kuan
Special Counsel
  • English
  • Family Provision Claims, Motor Vehicle Accidents, Public Liability
Vanessa Azzi
Senior Associate
  • English, Arabic
  • Motor Vehicle Accidents, Public Liability, Work Injury Damages
Sachini Amarasinghe
Special Counsel
  • English
  • Medical Negligence
Meet more of the team

Frequently asked questions

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):

  • Fractures and dislocations.
  • Traumatic brain injuries, brain bleeds or internal bleeding.
  • Back and neck injuries.
  • Psychological conditions like PTSD, shock, depression, or anxiety.
  • Torn or damaged ligaments.
  • Leg, arm, ankle, shoulder, hand or foot injuries.
  • Burns.

Time limits apply to all supermarket and shopping centre claims. The exact limit depends on the state you live in.

StateTime limit
NSW, VIC, TAS3 years from when you realise you have a claim
QLD, WA, ACT, NT3 years of the accident date
SA3 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.

What if I’m outside the time limit?

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:

  • Delayed symptoms: your symptoms only became noticeable some time after the accident.
  • Severity: the full extent of your injury wasn’t clear at the time of the accident.
  • Material facts: you only discovered a key fact about your claim after the time limit had expired. This could be not realising you were injured or not knowing that someone else’s negligence caused your injury.

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:

  • Official accident reports.
  • Photos of your injury and the accident scene.
  • Surveillance footage from the accident.
  • Any correspondence with the negligent party.
  • Hospital and treatment records.
  • Witness statements and their contact details.
  • Expert testimony from medical and accident specialists.
  • Records of lost wages.
  • Receipts for any related expenses.

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.

Workers compensation claims

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:

  • Weekly payments (up to 95% of your pre-injury income).
  • Coverage for hospital and medical expenses.
  • Access to rehabilitation, counselling, and other support services.
  • Reimbursement for travel expenses related to your injury.

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.

Common law damages claims

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:

  • The nature and severity of your injury.
  • How the injury impacts your ability to work.
  • Your future work capacity and employability.
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What our clients say

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.

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Thank you for accomplishing so much in such a short time.

Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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Good result! We had a complicated claim but they got the job done.

My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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I knew it from the very first phone call: I had found a compassionate law firm.

Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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Monaco helped me get much more compensation than I expected.

Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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They helped me juggle my injury claim and my mum's full-time care.

I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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Monaco made the process easy for me, I wouldn't have succeeded on my own.

My experience with Monaco has been very good. Having commenced my TPD super claim myself, I soon was overwhelmed by the requirements. Although my claim was pretty small compared to others which make headlines, Monaco offered their services on a no win no fee basis.

Google Posted by Cephas G
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Today, after only 8 weeks, I got the best news: my claim was successful!

Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.

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Monaco's help reduced a 12-month process to just a few months.

My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.

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The bill? Surprisingly reasonable, less than expected.

Sally was very helpful and always kept me up-to-date so if you ever use Monaco Solicitors just make sure you get Sally she’s very good. And the bill was very reasonable I thought it would be higher.

Google Posted by Anthony Beak
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I am forever thankful! God bless you for being there for me whenever I called.

Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

Leon Monaco & team member

How we can help you

For over 25 years, we’ve helped people injured in supermarkets and shopping centres get the compensation they deserve. This means we’ll always:

  • Listen to your story and advise you on your rights.
  • Ensure you get the support and medical treatment you need.
  • Guide you through your claim and keep you informed at every step.
  • Use our network of medical experts to gather strong evidence of the centre or supermarket’s negligence.
  • Negotiate with the centre or supermarket’s insurer on your behalf.
  • Advise you of any additional claims you might have, such as a TPD benefit.
  • Secure compensation that covers the full impact of your injury.

Speak to one of our friendly lawyers

Millions won for our clients

View more case results

$950,000

Supermarket and Shopping Centre Claims
Public Liability

Mateo wins historic claim against council for footpath pothole injury

When Mateo stepped into a badly-repaired pothole, we proved the local council was responsible for his injuries. Since you can't usually sue councils, we needed expert evidence...

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$800,000

Supermarket and Shopping Centre Claims
Public Liability

Paul successfully sues Coles after car park fall leaves him wheelchair-bound

Paul severely injured his hip when he slipped in a wet Coles car park. Our lawyers used expert evidence to prove his case and secure a substantial...

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$700,000

Supermarket and Shopping Centre Claims
Public Liability

Payout for slip and fall on an unsafe apartment staircase

When Vincent slipped on the stairs outside his apartment, he dislodged his decade-old hip replacement. We proved the building owners were responsible despite his existing condition. Prior...

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$1.2 million

Supermarket and Shopping Centre Claims
Public Liability

Truck owner held liable after Oscar’s arm crushed by a faulty tray

Oscar severely injured his elbow when a truck’s faulty tray swung into him. We engaged leading medical experts to secure him lifelong compensation. After the accident, Oscar...

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We have the experience you can count on

98%
SUCCESS RATE
25
YEARS EXPERIENCE
8,967
CLAIMS WON
$650m
COMPENSATION PAYOUTS

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