Supermarket Accident Compensation Claims

To make an effective public liability injury claim, you must prove that your injury occurred on the defendant’s property or occupancy and was the direct result of negligence on the part of the defendant.

To do that, you must have evidence of both the injury and the circumstances surrounding it. In some cases, you may also seek damages if a loved one was injured, and this has negatively impacted your life. A common example is a family member who must take time off of work to care for a loved one.

After your fall or another injury, assuming you don’t need immediate medical care, take the time to report your injury to a store attendant and complete an incident report form.

This will help ensure there is a record that an accident occurred on-premises. You should also keep a note of details about the scene of the accident, preferably through photographs or video that could be referred to later in court. 

If you need an ambulance or otherwise are unable to gather your own information following the accident, an experienced personal injury solicitor can help you to gather evidence after the fact.

After you leave the supermarket, it is critical to consult a medical practitioner as soon as possible after the injury. A doctor’s report can provide evidence that your injuries are of a serious nature and have hindered you physically or mentally.

In most situations, you’ll make your claim with the supermarket’s public liability insurer, rather than directly with the grocer. While public liability insurance is not compulsory for businesses in Australia, most public-facing ones, such as supermarkets, pay into it. Just because a supermarket does not hold public liability insurance, however, does not mean that you can’t seek compensation. You deserve a payout for your injury, whether a negligent business has prepared ahead or not.

Typically, before bringing your claim to court, your solicitor will try to reach a settlement with the insurer in mediation. The majority of public liability cases are settled this way. While this approach can sometimes lead to a lower payout, it’ll also save you from paying extended legal fees. Your lawyer can help to give you context on whether a settlement offer is reasonable or too low. Only once mediation fails will court proceedings begin.