You would not expect to be injured while shopping at Coles or Woolies. Unfortunately, accidents are much more common than you think, so it's important to understand slip and fall supermarket cases to be prepared in this unfortunate situation.
The Civil Liability Act is legislation that applies where negligence is alleged against a person or entity. It's important to know under Civil Liability that the burden of proof (proving the facts) is with the party making a complaint, unlike criminal law, where police intervene.
There are three essential requirements you need to meet to be eligible for compensation should you slip and fall in a supermarket:
- Firstly, you need to demonstrate that the people responsible for the supermarket knew (or should have known) about the danger that caused your accident.
- Secondly, evidence that the accident could have been prevented if the people responsible had eliminated the risk.
- And finally, records showing you've suffered losses due to your supermarket accident, such as medical bills or time off work.
Every time you enter a venue, that business owes you a duty of care. That care is usually met with a regular monitoring and cleaning system and ensuring that hazards are removed quickly and regularly. Examples of this inside supermarkets are when workers:
- Clean & mop up food and liquid spills promptly.
- Clear up litter and debris.
- Regularly maintain equipment such as refrigerators and doors.
- Mark any hazards, such as freshly mopped floors.
- Place non-slip mats in areas where slip hazards are likely.
When injured inside a supermarket, you should contact a staff member who will first put up signs to warn others of the hazard. Additionally, the incident must be kept on the record with the supermarket; you should insist on this should staff not offer to write an incident report.
Separate from the supermarket's incident report, you should take note of details such as what, when, where and how the injury occurred.
It's common for people to be in shock or be embarrassed during this situation and want to leave. However, you might not know the extent of the injury until later. You should always report the incident to a staff member and get as much evidence (via images or videos) of the hazards that caused your injury.
According to the Civil Liability Act, once an individual has proven they have suffered an injury, there are three components to being awarded compensation from the supermarket:
- The defendant owed the plaintiff a duty of care.
- The defendant breached that duty.
- The defendant's breach contributed to the plaintiff's injury or caused it.
If you have been injured due to someone else's negligence or a breach of duty of care, you are eligible to receive compensation. That compensation can include future economic loss from being unable to work and out of pocket expenses associated with receiving treatments for your injury.
The Civil Liability Act covers a wide range of circumstances. If you or someone you know is injured in a supermarket or any other private establishment, contact our expert team of liability specialists. We offer a Free Case Assessment, a no-win/no-pay policy meaning if you don't win, we don't get paid.
Contact us on 1800 600 664 or complete the Contact Form. Let our team help you to a better future.
