Public liability · Supermarkets
Injured in a Queensland Coles, Woolworths, Aldi or IGA supermarket.
A supermarket must take reasonable care to keep its floors, shelves and car park safe. Your claim turns on what the store knew, and when. Act early: CCTV footage and cleaning records can be lost.
- No-obligation first consultation
- No win, no fee*
- We set out our costs in writing at the start.
This place, and who looks after it
Who may be responsible.
It depends on which part of the place you were hurt in, and who was looking after it.
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Inside the store
The supermarket
The company running the store is responsible for its floors, shelves, displays and checkouts.
Ask for: CCTV, cleaning and inspection records, the incident report
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The centre walkway
The shopping centre owner
If the store is inside a centre, the owner is usually responsible for the common areas.
Ask for: Common-area CCTV, cleaning and maintenance records
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Cleaning and trolleys
A cleaning or trolley contractor
Cleaning and trolley collection are often contracted out. The contractor has its own duty of care.
Ask for: Cleaning rounds, rosters and trolley collection records
Where more than one may be responsible, the claim can be made against each of them.
Time limits
The clock starts on the day you’re hurt.
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9 months
Notice of claim Due first
Within 9 months of the incident (or of first symptoms, if later), or 1 month after you ask a lawyer to act for you and the party responsible is known, whichever comes first. (PIPA s 9)
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1 month
The store replies
They must reply to your notice within 1 month. (s 10)
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6 months
Liability decision
Within 6 months of receiving your complete notice, they must tell you in writing whether they admit liability. (s 20)
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3 years
Court action
Proceedings generally must start within 3 years of the injury. For a child, the 3 years start at 18.
Missed the 9 months? Notice can still be given, with a reasonable excuse for the delay. Call us before the 3 years run out.
How people get hurt here
How it happens in a supermarket.
Each one has its own evidence. The question is always what the store knew, and what it did about it.
Spills and dropped produce
Grapes, milk, yoghurt or detergent on the floor. How long it was there, and whether the store’s checks should have found it.
Falling stock
Items falling from high shelves, or displays that topple. How the stock was stacked matters.
Trolleys
Runaway or badly stored trolleys in the aisles, trolley bays and car park.
Doors and entrance mats
Automatic doors that close on you, and wet or curled mats at the entrance.
Car park trips
Broken surfaces, wheel stops and kerbs in the store or centre car park.
The test
What has to be proved.
The Civil Liability Act 2003 (Qld) sets out the test. Each step has to be met.
The risk was foreseeable
Whoever was responsible knew, or ought to have known, about the risk. (s 9)
It wasn’t insignificant
The risk was more than trivial. (s 9)
A reasonable person would have acted
Such as inspecting, repairing, warning or supervising. (s 9)
It caused your injury
The hazard was a necessary part of how you were hurt. (s 11)
They should be responsible
It’s appropriate for them to be liable for the harm. (s 11) They may argue the risk was obvious. (ss 13–15)
Straight after
What to do now.
- Report itTell the store what happened. Ask for a copy of the incident report, or photograph it.
- Photograph the hazardWith a coin or shoe beside it for scale, and the area around it.
- Ask for the CCTV to be keptIn writing, to the store manager. Footage can be recorded over.
- See a doctorEven if it seems minor. Keep your receipts.
Compensation
What you can claim.
- Pain and sufferingSet on the Injury Scale Value, from 0 to 100. (Civil Liability Act 2003 (Qld) s 61)
- Past lost earningsWages and super you’ve lost since the injury.
- Future lost earningsIf the injury affects your work. Future amounts are converted to a present-day lump sum using a 5% discount rate. (s 57)
- Care from familyIf it’s needed for at least 6 hours a week for at least 6 months. (s 59)
- Medical costsTreatment, medication and travel you’ve already paid for.
- Future treatmentSurgery, therapy and aids you’re likely to need.
What you can claim depends on your injury and your circumstances.
How your claim runs
From the first call to court, if it’s needed.
No-obligation first consultation
We look at what happened, who may be responsible and your time limits.
Notice of claim
We give notice to everyone who may be responsible.
They respond
They have 1 month to reply, and 6 months to say whether they admit liability.
Evidence
Medical reports, footage, records and statements are gathered and exchanged.
Compulsory conference
A meeting to try to settle. If it doesn’t, both sides make written final offers.
Court, if needed
Proceedings generally must start within 3 years of the injury.
If your claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.
No-obligation first consultation
You decide whether to go ahead once you know your options and the likely costs.
Everything in writing
Fees and outlays are set out in a costs agreement before we start.
Capped at 50%
Our professional fees are capped at 50% of what you recover, after refunds and outlays. (Legal Profession Act 2007 (Qld) s 347)
Questions
Straight answers.
No. A cleaning schedule is only part of the picture. What matters is whether the checks were actually done, whether they were often enough for that part of the store, and whether staff should have seen the hazard. Footage and cleaning records can show this.
Not by itself. Shock can hide pain for hours, and many people finish their shopping. Your medical records are what show the injury, so see a doctor as soon as you can.
No. An incident report records what happened. It isn’t a release. Ask for a copy, or photograph it.
Notice of claim must be given within 9 months of the incident (or of first symptoms, if they appear later), or 1 month after you ask a lawyer to act for you and the party responsible is known, whichever comes first. (Personal Injuries Proceedings Act 2002 (Qld) s 9) Court proceedings generally must start within 3 years. For a child, the 3 years start at 18.
The store may argue you didn’t take enough care for your own safety. If that’s accepted, your compensation can be reduced, not necessarily refused. Whether you should have seen it depends on the lighting, the spill itself, and what else was drawing your attention.
Often the centre owner, which is usually responsible for the walkways, entrances and car park. Where the store and the centre may both be responsible, the claim can be made against both.
Helpful reading.
Hurt somewhere else?
Hurt in a supermarket? Talk to us first.
Tell us which store, when and what happened. We’ll tell you who may be responsible and what to do this week.
General information only, not legal advice about your situation. No win, no fee*: if the claim doesn’t succeed, you pay no professional fees; whether outlays are payable depends on your costs agreement. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs.