Occupiers Liability Claims – Slip and Fall Accidents

If you have been injured due to a fall at a supermarket or shopping centre, you may be entitled to make a compensation claim.

Shopping Centre and Supermarket Responsibilities

Shopping centres and supermarkets are responsible for providing a safe environment to anyone entering their premises and to prevent any ‘reasonably foreseeable’ harm. This includes:

• Mopping up any spills as soon as reasonably practicable;
• Sweeping dirty floors;
• Keeping isles and walkways clear of obstructions;
• Maintaining equipment; and
• Ensuring that there is appropriate signage displayed to identify hazards.

Patrons may be entitled to compensation if they have been injured due to injury resulting from shopping centres or supermarkets failing to meet these requirements.

Complexity of Claims

Although these incidents can be quite common, making a claim for a slip and fall injury can be quite complex. The success of the claim will be dependent on proving that there is negligence on the store owner or occupier’s behalf.

Types of Damages You Can Claim

You can claim a variety of damages including:

• Pain and suffering – this is a lump sum payment payable for the pain and effects that the injury has had on your life;
• Out of pocket expenses – this is an entitlement that can be claimed to cover any medical treatment and any other expenses that you have incurred due to the injury;
• Loss of income – if your injury has resulted in any loss of income or wages, you may be entitled to claim your money back both past and future loss;
• Care and assistance – this compensation can be claimed as a lump sum payment at the settlement of your claim. This covers expenses for domestic care and assistance such as a cleaner or gardener.

Time Limits for Claims

There are also time limits that apply when making a compensation claim, so if you have been injured due to someone else’s negligence you should get in contact with one of our solicitors as soon as possible.

Slip and Fall Case Examples

Case Example 1:

Sonia dropped into her local grocery store to collect a few items to make dinner. With a full basket of groceries, Sonia slipped on some spilt yogurt falling to the ground. Sonia reported her fall to the store manager who confirmed someone else had just slipped there also and that they were going to clean up the spill. Sonia went home thinking that she had just bruised her shoulder. Over the next week the pain in her shoulder gradually got worse and she went to the doctor. After having scans and x-rays her doctor advised her that she had in fact done further damage to her shoulder than she originally thought and needed surgery to repair it. Sonia contacted PK Simpson & Co who successfully assisted her in making a claim where she was able to claim for the cost of her surgery, her lost wages and also her ongoing pain medication and physiotherapy.

Case Example 2:

Terry went to the fish market early on a Saturday morning to collect his seafood for his wife’s big birthday celebration. As Terry collected his items, he turned around to walk out when he slipped and fell on melted ice, hitting his head on the ground. Terry suffered injuries to his head, back and a fracture to his ankle resulting in two surgeries and leaving him unfit for work for months. Terry contacted PK Simpson solicitors who were able to prove that the store had failed to meet their duty of care and were successful in assisting Terry to make a claim for compensation. Without the assistance of his Solicitor at PK Simpson, Terry would have been tens of thousands of dollars out of pocket.

For more information on slip and fall accidents and occupiers liability claims, contact PK Simpson personal injury compensation lawyers.