Call Us Today
Picture this: You go down the shops and, while you are in the supermarket, you slip and fall on the floor. Maybe something spilled in the aisle, or another shopper tracked in wet footprints. If you slipped on the floor in a supermarket and suffered injury, you may be able to lodge a supermarket slip and fall claim.
You owe it to yourself to explore your legal rights if you have been injured in a slip and fall accident at your local Coles, Woolworths, or another supermarket. Henry Carus + Associates can determine whether you have a claim and help you pursue maximum compensation.
Call 03 9001 1318 today for a FREE, no-obligation consultation. Our slip and fall accident lawyers serve clients in Melbourne and all of Victoria.
What Is a Supermarket Slip and Fall Claim?
Slipping and falling can lead to serious injuries. These injuries can leave you with medical expenses, force you to miss work, and cause significant pain and hardship. If dangerous conditions at a supermarket caused you to slip and fall, you may be able to lodge a claim for compensation.
In Victoria, the Wrongs Act 1958 establishes the right to bring legal action against the occupiers of premises whose failure to exercise reasonable care results in injury. This includes supermarkets, which have a duty of care towards the safety of shoppers.
Public liability insurance provides cover if someone is injured on the premises of a supermarket or other business. However, fair compensation is not guaranteed, and public liability claims are seldom cut-and-dried. That is why it is beneficial to speak to a lawyer if you slipped, fell, and were injured on the floor in a supermarket.
Common Slipping and Tripping Hazards in Supermarkets
Most people don’t think of the supermarket as a particularly dangerous place. However, there is no shortage of obstacles and hazards at the nearest Woolworths, Coles, or Aldi. Dangers that can lead to slips, trips, and falls in the supermarket include:
- Spilled liquids
- Dropped fresh produce such as grapes, all sorts of dry goods, etc.
- Boxes, paper, packing material, and other debris
- Freshly mopped floors without any warning signs
- Leaking refrigerant
- Water or other liquids leaking from stock-moving trolleys in aisles
Some of these hazards could be abated if shops take the necessary care to protect their customers. For example, regular inspection and cleaning procedures can detect spills and other slipping and tripping hazards before someone gets hurt. Putting up warning signs can alert shoppers that a freshly cleaned floor might be slippery.
If you believe the supermarket failed in its duty of care and you were injured as a result, you may have a supermarket slip and fall claim. A knowledgeable lawyer can explain your legal options.
Reach out to Henry Carus + Associates for FREE.
Common Injuries in Supermarket Slips and Falls
The injuries sustained in a fall can range from relatively mild to severe. Some of the most common injuries associated with slip and fall accidents include:
- Hand and wrist injuries
- Ankle injuries
- Knee injuries
- Hip injuries
- Broken bones
- Soft tissue injuries to muscles, tendons, and ligaments
- Head injuries
- Back, neck, and spinal injuries
Supermarket owners and managers should take steps to minimise the risk of injury for shoppers. Unfortunately, negligence can cause accidents with serious repercussions.
For example: Fiona contacted our firm after she slipped and fell on a spinach leaf at her local supermarket. She suffered injury to her knee and hand, which she stretched out to brace herself in the fall. Ultimately, we were able to negotiate a fair settlement with the supermarket management.
Read Fiona’s Story.
Who Is At Fault If I Slipped on the Floor in a Supermarket?
Like all businesses that are open to the public, supermarkets and other retailers must take reasonable steps to ensure that patrons will not suffer injury due to conditions on the property or employees’ actions or failure to act.
Fault can be a complicated issue in slip and fall claims. Defendants often try to blame the claimant in an effort to escape liability.
What If I Didn’t See the ‘Wet Floor’ Sign?
One of the most common concerns we hear from clients who slip and fall in the supermarket is that they may have overlooked a ‘Caution: Wet Floor’ sign in the vicinity. It’s common for your mind to play tricks on you after a serious injury; you might have trouble remembering if the sign was there or if you saw it before you fell.
Representatives for the supermarket and the public liability insurer are very likely to say that you failed to keep a proper lookout. Their goal is to minimise what they have to pay, or avoid a payout altogether.
Even if you were partly at fault, you may be able to make a claim after falling in the supermarket. Victoria’s contributory negligence rule allows you to recover some compensation, with damages reduced according to your percentage of fault.
Are you concerned about not noticing caution signs or other mistakes that may affect your rights? Read our article on partial fault in these matters and why you may still have a viable claim.
When Is the Supermarket at Fault?
In a supermarket slip and fall claim and other public liability matters, fault is based on negligence. Potential examples of negligence include:
- Not cleaning up spills in a timely manner
- Inadequate signage in areas being cleaned
- Failure to inspect the premises for slipping and tripping hazards
- Not placing non-slip mats or flooring in high-risk areas
- Inadequate lighting
- Careless manoeuvring or placement of trolleys
- Negligent employee training
- Failure to implement cleaning and maintenance procedures
Clear and convincing evidence is needed to prove the supermarket was at fault for the slip and fall accident. You might notice some signs of negligence immediately after (such as the absence of a ‘Caution’ sign), whilst others are only discovered through in-depth investigation. A skilled slip and fall lawyer can investigate to determine whether you have a public liability claim.
For example: Bruce was shopping at his usual supermarket when he slipped on a puddle of water in the produce department. There were no signs in the area to warn Bruce of the slipping hazard. We were able to prove that the supermarket did not have the necessary procedures in place for monitoring and cleaning up spills, enabling us to negotiate a favourable settlement for Bruce.
Read Bruce’s Story.
How Much Compensation Do You Get for Falling in a Supermarket?
There is no ‘average’ slip and fall injury settlement or payout. Factors such as the seriousness of your injuries and the damages you incur will affect the compensation you are due.
You may be entitled to recovery of the following losses in a supermarket slip and fall claim:
- Medical bills and rehabilitation expenses
- Lost wages and earnings
- The cost of household assistance
- Medical-related travel, assistive devices, and other out-of-pocket expenses
- Loss of earning capacity
- Pain and suffering
- Lost quality and enjoyment of life
Having a qualified public liability lawyer on your side is essential for maximising your compensation from a supermarket fall. Your lawyer can assist with multiple aspects of the process, such as proving that you have a significant injury (a prerequisite for claiming non-economic damages) and fighting for a favourable outcome.
Most slip and fall accident claims are resolved via settlement negotiations with the supermarket’s lawyers and the public liability insurer. For example: Henry Carus + Associates represented Connie after she slipped and fell on a lettuce leaf while grocery shopping. The supermarket initially offered Connie just $500 for her losses. We engaged in settlement negotiations with the supermarket’s insurer, ultimately obtaining a settlement that covered all of Connie’s medical expenses and compensated her for pain and suffering.
Read Connie’s Story.
Few public liability matters end up going to court. However, it is important to be prepared for that possibility.
Can I Sue a Supermarket If I Slipped and Fell?
Woolies, Coles, and other supermarket chains have large legal teams whose goal is to dispute liability and make claims go away. If the supermarket refuses to accept responsibility for your injury, it may be necessary to commence legal proceedings.
The thought of going to court is probably a scary one. Fortunately, the likelihood of the matter getting this far is relatively low. After being sued, most defendants and insurers try to bring litigation to a close by negotiating a fair settlement. This is especially true if the claimant is represented by a specialist public liability lawyer.
An experienced lawyer can sue the supermarket and, if necessary, go to court. They can also absorb the expenses of preparing the claim through a No Win – No Fee Agreement, ensuring you do not need to be concerned about the cost of legal services while the matter is in progress.
What to Do If You Slip on the Floor in a Supermarket
There are steps you can take immediately after a slip and fall to preserve your claim. Your well-being should be your first priority (call 000 or go to the emergency room immediately if your injuries are serious), but these tips can help you get the evidence you need:
- Take photos of the slipping hazard.
- Get pictures of the surrounding area of the supermarket.
- If something still remains on the bottom of shoes, take photographs of it.
- Photograph your injuries.
- Speak to any nearby witnesses and get their contact details.
- Look around for surveillance cameras that may have caught the accident.
- Write down the details of the accident while it’s fresh in your mind.
- Notify an employee or manager what happened and fill out an incident report.
- Get medical attention and keep all medical records.
- Stay organised; keep bills and receipts, proof of lost income, etc.
- Contact a slip and fall injury lawyer.
A lawyer well-versed in slip and fall accidents will use the information you’ve gathered so far to prepare a strong claim on your behalf. In addition to proving negligence on the part of the supermarket, your lawyer can counsel you through all aspects of your supermarket slip and fall claim. This may include significant injury assessments, referral to a Medical Panel, and (if needed) court proceedings.
Time Limit for Lodging a Slip and Fall Claim
You have limited time to bring a claim if you are injured as a result of slipping on the floor in a supermarket. Victoria’s general limitation period for public liability claims is 3 years. You may lose the right to compensation if you wait, so it is crucial to consult a slip and fall injury lawyer as soon as possible.
Injured in a Supermarket? Get the Advice You Need
At Henry Carus + Associates, our philosophy is You Deserve More. In addition to pursuing the maximum compensation you deserve, we pride ourselves on offering the highest standard of legal service with compassion and care.
You are much more than an injury or a file to us; you are a unique individual in need of personalised support and guidance. Our lawyers draw upon 40+ years of combined experience in public liability law and extensive success in these matters to bring your supermarket slip and fall claim to a favourable conclusion.
For a FREE, no-obligation consultation, call Henry Carus + Associates at 03 9001 1318 today. Our slip and fall accident lawyers serve clients throughout Victoria from offices in Melbourne and the metro area.
