Yes, you may be entitled to claim compensation if you were injured in a supermarket in Queensland due to the supermarket's negligence. However, it's important to understand the specific circumstances of your accident to determine if they have a legal responsibility for your injuries.
Accidents sustained in a public place such as a supermarket, as a result of a breach of duty of care by the owner of that property or place (when you are not at work, or in a motor vehicle) are covered by the Personal Injuries Proceedings Act 2003 (Qld) (that is, a “public liability” or PIPA claim).
Supermarkets, like other businesses, have a duty of care to ensure that their premises are reasonably safe for customers and visitors. This means they need to take precautions to minimize the risk of accidents and injuries.
Common situations where a supermarket might be considered to have acted negligently include:
For example, in the recent decision of Buljat v Coles Supermarkets Australia Pty Ltd [2022] ACTCA 71, Coles was held liable for a slip and fall incident where the plaintiff slipped on a grape. In determining liability, the court looked at the evidence as to how often the supermarket was cleaned and the frequency of inspections by staff members to check for hazards. This will vary on a case by case basis, so it is always important to seek advice from a qualified lawyer.
A person does not breach a duty to take precautions against a risk of harm unless—
(a) the risk was foreseeable (that is, it is a risk of which the person knew or ought reasonably to have known); and
(b) the risk was not insignificant; and
(c) in the circumstances, a reasonable person in the position of the person would have taken the precautions (see section 9 Civil Liability Act 2003 (Cth)).
There are instances where a supermarket might not be considered liable for your injury, such as:
If you're injured at a supermarket, here are steps to take that can support a compensation claim:
At Smith's Lawyers, our supermarketing injury experts can provide free initial advice.
Contact us for a free initial consultation on 1800 960 482 or request a call back. We service all of Queensland and have offices in Brisbane, Gold Coast, Sunshine Coast, Cairns, and Toowoomba. Our No Win, No Fee, No Catch® promise means you won't incur any upfront legal fees unless your claim is successful.
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.