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Inside the storeThe centre walkwayCleaning and trolleys123

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.

  1. 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

  2. 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

  3. 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.

  1. 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)

  2. 1 month

    The store replies

    They must reply to your notice within 1 month. (s 10)

  3. 6 months

    Liability decision

    Within 6 months of receiving your complete notice, they must tell you in writing whether they admit liability. (s 20)

  4. 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.

  1. The risk was foreseeable

    Whoever was responsible knew, or ought to have known, about the risk. (s 9)

  2. It wasn’t insignificant

    The risk was more than trivial. (s 9)

  3. A reasonable person would have acted

    Such as inspecting, repairing, warning or supervising. (s 9)

  4. It caused your injury

    The hazard was a necessary part of how you were hurt. (s 11)

  5. 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.

  1. Report itTell the store what happened. Ask for a copy of the incident report, or photograph it.
  2. Photograph the hazardWith a coin or shoe beside it for scale, and the area around it.
  3. Ask for the CCTV to be keptIn writing, to the store manager. Footage can be recorded over.
  4. 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.

  1. No-obligation first consultation

    We look at what happened, who may be responsible and your time limits.

  2. Notice of claim

    We give notice to everyone who may be responsible.

  3. They respond

    They have 1 month to reply, and 6 months to say whether they admit liability.

  4. Evidence

    Medical reports, footage, records and statements are gathered and exchanged.

  5. Compulsory conference

    A meeting to try to settle. If it doesn’t, both sides make written final offers.

  6. Court, if needed

    Proceedings generally must start within 3 years of the injury.

Costs

What it costs you.

No win, no fee*

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.

Helpful reading.

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.