Supermarket slip and fall claims are not as straightforward as one might think. To give you a better idea, this article gives a general overview of the slip and fall claims process and look at some past cases.
WHAT ARE SUPERMARKET SLIP AND FALLS CLAIMS?
Supermarket slip and fall claims are injury claims made against supermarkets, in the event of someone slipping over and injuring themselves as a direct result of the supermarket and or staff’s negligence.
Supermarket slip and fall accidents resulting in personal injury lawsuits are more common than you may think. In 2014, a Sunshine Coast woman made a claim against Woolworths for $320,000, alleging that she slipped over on a grape. Interestingly, Woolworths counter-stated that the incident did not occur at all, as it was not reported on the day.
This is far from the only case of its kind. A Queensland nurse also filed a claim against Woolworths alleging she slipped on a grape and injured herself in 2015. This claim against Woolworths is ongoing, with the claimant suing the supermarket for $1.3m due to alleged negligence or breach of contract.
WHEN CAN YOU CLAIM DAMAGES FOR PERSONAL INJURIES?
The claims discussed in this article were brought under the Personal Injuries Proceedings Act 2002 (Qld). This Act allows claimants who injure themselves in Queensland to seek compensation for their injuries, where the injury was caused due to the negligence of another.
When seeking damages for such an action for personal injuries, it is necessary to demonstrate certain fundamental threshold requirements. For example:
- That the occupier owed a duty of care to create and maintain a safe environment for their patrons;
- The occupier was negligent, by failing to adhere to that duty of care;
- As a result of the negligence, another person was injured;
- As a result of that injury, the person has (or will in the future) suffer a loss (i.e., Incurred out of pocket expenses, lost income from work, etc.)
If you have suffered an injury due to a supermarket slip and fall and are seeking compensation, you can read about the claim process here.
ARE SUPERMARKETS RESPONSIBLE FOR PERSONAL INJURIES FROM SLIP AND FALLS?
Such claims are exceedingly common, due largely to the unpredictable nature of day-to-day life. Similar accidents occur with frequency, and the legislation exists to ensure claimants have recourse to financial compensation for same.
In both Woolworths cases, the women seeking relief are alleging that they sustained injuries that justify compensation, because the stores were not kept in a safe condition, hence, causing the women to fall and sustain injury.
There is an established duty of care for occupiers towards those people who will be in a position to be affected by their systems; in this case, the hundreds or thousands of customers who would be present within a Woolworths store on a day to day basis.
To defend claims for damages against them, Woolworths need to show that they did have adequate systems in place. If they cannot, then they will have breached their duty, and thusly, be liable for any consequent loss to the Claimant.
In this matter, the Claimant will clearly be alleging that the persons responsible for the store’s upkeep were negligent in their duty to effectively monitor the area where she fell, so as to identify and remove any hazards. There have been a few recent cases regarding how strict such procedures need to be.
EXAMPLES WHERE SUPERMARKETS HAVE BEEN FOUND LIABLE FOR SLIP AND FALL CLAIMS.
Strong v Woolworths
In a High Court case Strong v Woolworths Ltd the claimant slipped on a chip at the entrance of a Big W store. In this case, the court accepted that to comply with an occupiers duty of care, inspection and removal of slipping hazards must occur no less than every 20 minutes.
Fitzsimmons v Coles Supermarkets Australia Pty Ltd
In Fitzsimmons v Coles Supermarkets Australia Pty Ltd Coles was found liable for a woman slipping on a wet floor, despite there being three ‘wet floor’ signs. In this case, a Coles employee had not sufficiently mopped a spillage. Three warning signs were placed around the spill, and an employee was sent to bring back apparatus to clean the spill properly.
In this case, the Court found that it was reasonable for supermarkets to expect shoppers to be distracted, and strict measures, such as having staff to direct customers away from hazards, fell into their duty of care.
Guru v Coles Supermarkets Australia Pty Ltd
In the case of Guru v Coles Supermarket Pty Ltd, Coles was found liable for a woman slipping on a grape. The judge found that the supermarket was in breach of its duty of care, as the claimant has a reasonable right to expect that Coles would have a system in place to ensure the floor was kept clean of any fruit that could risk accidents.
These cases highlight the strict onus owed by occupiers to have procedures place to ensure the area under their control is a safe environment.
In the present circumstances, the Claimant will simply have to show that it was reasonable for Woolworths to have removed the grape and prevent the slipping hazard. If she can show this, she will be entitled to compensation for the loss she suffered as a result of her injuries.
Given the high standard courts require for occupiers in this regard, it is a reminder to us all that legislation exists to provide recourse for financial loss for such accidents, and that the courts are serious in protecting those whose safety has been compromised as a result of an occupier’s negligence.
TALK TO OUR TEAM
If you have unfortunately suffered an injury and are seeking compensation, reach out to the Gouldson Legal team and find out where you can go from here.
- Strong v Woolworths Ltd [2012] HCA 5
2. Fitzsimmons v Coles Supermarkets Australia Pty Ltd [2013] NSWCA 273
