Going shopping is something almost everyone looks forward to. Some people even make an event out of it, travelling some distance to shop at an exclusive mall.
Whether you’re grocery shopping at your local supermarket, dining in a restaurant, picking up supplies at the paint store or scoping out fashion trends for the upcoming season, you expect the premises to be safe.
Shopping centres have an obligation to ensure that the premises are safe. If you slip, trip or fall and are injured, you may be entitled to claim compensation.
Owners and operators of retail premises guarantee that they will provide retail services to customers exercising reasonable care and skill. Shopping Centres must take reasonable precautions to ensure that their premises are safe and that customers are not injured when they are there.
People often slip, fall or trip on unseen objects, spilt liquids or small holes in the floors particularly in food courts and eateries or during inclement wet weather affecting walkways.
When shopping, if you are inspecting items on shelves, which are not stacked correctly or shelves are not properly constructed, items may fall off.
Shopping Centres may require renovations or remodelling. They may be in the process of undergoing renovations and continue to be open to the public. They may fail to ensure that the centre, including walkways and roofs, are safe and this can lead to injuries to shoppers.
Many times these accidents can cause serious injuries leading to missed time from work, an extended hospital stay, surgery and ongoing pain and suffering. We hear from many people that they feel foolish about falling or that they should have been more careful. You don’t need to feel this way. More likely than not, you were simply shopping, like everyone else. The centre’s negligence may have resulted in your injuries. Accidents happen despite us being as vigilant as we can in everyday situations. When they do, it may be due to someone else’s carelessness or negligence.
Shopping centres have the care, management and control of the centre and must ensure customers are kept reasonably safe on their premises. Shopping centres will often contract with cleaners, trolley collection services, tradespersons, and other third parties who must have systems in place and comply with those systems to also ensure customers’ safety.
If the shopping centre or its contractors breach their duty of care owed to customers, and you sustain an injury, you may be entitled to compensation for that injury.
You may be entitled to compensation for the injuries you sustained from your accident including reimbursement of medical expenses paid by you, an allowance for future medical treatment, a claim for past and future economic loss, domestic and personal care provided to you by family and friends or paid to a home care service and compensation for pain and suffering and loss of enjoyment of life.
Although shopping is not generally considered a dangerous activity, accidents occur more often than you may think. Accidents as a result of slipping, tripping or falling are common in shopping centres, often caused by spills left negligently on the floor without being cleaned up. We have all experienced slips, trips and falls at some point, and if an accident occurs in a shopping centre, resulting in serious injuries, you can make a public liability claim for injury compensation.
Other Injury accidents commonly experienced in shopping centres include those caused by slippery or poorly lit walkways, elevator or escalator malfunction, poorly stacked shelving and trolley injuries. If you have been injured in a shopping centre due to a breach of care, whatever the circumstances, you may be eligible to make a personal injury claim.
If you have been involved in a serious shopping centre accident, there are some steps you should follow in order to achieve successful claim outcomes.
1: Seek medical assistance.
2: Report the accident/injury to shopping centre management.
3: Take photographs or videos of the accident location and situation.
4: Obtain witness details.
5: Obtain shopping centre surveillance footage.
6: Retain all medical bills and receipts.
7: Seek appropriate legal advice.
Every shopping centre accident is different and the claims process can be complex in difficult to prove cases. You will need to prove negligence or a breach of duty of care from shopping centre management or associated staff and contractors. These may include cleaners, tradespersons, trolley services and others. You will be required to prove that:
Compensation claims are judged according to the information you provide, and your Taylor & Scott Lawyer can help you compile a persuasive argument in your favour by taking all relevant details of the accident into consideration.
An experienced personal injury lawyer will provide the greatest support for your shopping centre accident compensation claim. Taylor & Scott offers a free case assessment, and if we believe your case is strong we will offer our no-win no-fee guarantee for financial peace of mind. We will undertake medical and other searches, collect evidence and witness statements, contact relevant experts, communicate with insurers and collate all information required to lodge your claim in a timely manner.
Accidents happen with unfortunate regularity in shopping centres. For this reason, shopping centres have public liability insurance. With Taylor & Scott Lawyers on your side, a shopping centre accident claim can include monetary compensation for:
If you sustain an injury in a shopping centre, it is prudent to report the incident and complete an incident notification report immediately. If there are witnesses, you should get their names and contact numbers.
Contact our legal team immediately for an obligation free case assessment and advice. You should contact us as soon as possible after the accident and we will ensure that the shopping centre’s CCTV footage is preserved and commence investigations on your behalf, all of which will be covered by our no-win no-fee policy.
Always remember, that court proceedings must be commenced within 3 years from the date of your injury. In limited circumstances, the court will allow for an extension of the three year time limitation.
If you are injured or hurt from a slip, trip and fall accident, or any other shopping centre accident, contact Taylor & Scott. We are Sydney’s leading and most experienced personal injury lawyers.