Going shopping is something almost everyone looks forward to. Some people even make an event out of it, traveling 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.
Why The Shopping Centre May Be At Fault
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 attend there.
Common injuries which occur in shopping centres include:-
- People often slip, fall or trip on unseen objects, spilled liquids or small holes in the floors particularly in food courts or in wet weather.
- 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.
What Responsibilities Does The Shopping Centre Have?
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. This includes:-
- Keeping the floors dry, not slippery and free of food, spills and other hazards throughout the day, not just after closing
- Having adequate cleaning systems in place for inspection, detection and removal of spillages
- Stacking trolleys in store that are clean and dry
- Placing down mats and signs when there is water on the floor
- Making sure that there is adequate lighting inside, outside and in parking areas
- Maintaining walkways to and from the shopping centre
- Installing a proper security system, maintaining emergency exits in working order and having a disaster plan in place
- Roping off areas undergoinging maintenance according to safety regulations and posting prominent warning signs when required
- Fixing hazardous or dangerous problems, stairways and floors in a timely manner
- Ensuring shelves are stacked correctly and display units secured.
- Ensuring rest rooms are kept clean and safe.
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.
What Compensation Am I Entitled To For My Injuries?
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.
WHAT NEXT?
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.
Have Your Questions Answered By An Expert
If you are injured or hurt from a slip, trip and fall accident, contact Taylor & Scott. We are Sydney’s leading and most experienced personal injury lawyers.
We have been been winning slip and fall cases since 1905.
One of our experienced lawyers will be happy to provide a no-obligation free initial assessment of your case, drawing on the firm’s century of legal experience.
Remember all cases are run on our “no win no pay” policy, meaning you don’t pay any costs to Taylor and Scott unless you win your case.
At Taylor & Scott “We Care For You”.
