I slipped in a supermarket and broke my leg. Can I sue the supermarket?

PUBLISHED 16 Apr 2020

If you have been injured in a supermarket or other business that is open to the public, you may need to know more about your rights when it comes to making a public liability claim. There are many situations in which you may be able to sue that business, but not all may be applicable to your unique accident.

The first thing to know about making such a claim is that while a business is privately owned, if the general public is allowed to go there, an accident on the property falls under public liability. Spaces such as supermarkets, shopping malls, sports stadiums and shops, among others, are all considered just as public as parks or sidewalks, and making a claim in the event of an accident that results in injury is often well within your rights.

What to know

Frequently, your claim will revolve around whether the business or organisation maintaining the public space breached its duty of care. By law, companies are required to take reasonable steps to protect members of the general public using their space, and if it is found that they did not, you may well be entitled to damages.

Examples of instances in which you can make a claim include:

  • If you slip or trip and fall (such as slipping on a wet floor or tripping over an object left unattended)
  • If something falls on you from above
  • If you are injured due to a problem the business owner should have known about and addressed

However, this list is by no means comprehensive, and the instances in which you may be able to make a claim vary from one case to the next.

What can you claim?

Under public liability law, you will be able to make claims for damages based on pain and suffering stemming from your injury, loss of amenities or expectation of life, disfigurement, the cost of care and treatment, lost wages (past, present and future) and more.

For more information about your legal options in the event of an injury stemming from an incident in a public business, get in touch with the experts at Gerard Malouf & Partners. With no up-front costs, a free initial consultation and a No Win No Fee program, you can rest assured you will be apprised of all available avenues for making a claim and getting the compensation you may deserve.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.