Slip and fall accidents: when they may call for legal action

Date: Nov 07, 2016

Slip and fall accidents are very common in supermarkets due to the owner of the premises and/or the person that owns the business being negligent.

One minute you’re out and about shopping, then next thing you know, you’re on the floor and your quality of life is changed, possibly forever, and you now have a huge financial burden on your hands. More often than not, the accident could’ve been prevented if the business had appropriate safety measures in place. Here’s an example of a lawsuit that was recently decided in favour of a woman who slipped in a store:

Plaintiff awarded damages for slipping 

A 50 year old woman slipped and fell in a supermarket, Coles, due to a puddle of water on the floor.

“I just remember being flung off my feet and seeing my keys and wallet go flying across the room,” Hill told the court.

The District Court of New South Wales ruled in February 2016 that Hill be paid $284, 000 in damages plus costs by Coles. This decision was made on the grounds that the slip caused serious injury to her ankle that required post-operative treatment with physiotherapy and medication and greatly affected her ability to do household chores.

Coles denied negligence and said that the water on the floor was an obvious risk that Hill could’ve avoided. But Coles ultimately lost the case because stores have a legal duty to ensure safe premises and the appropriate clean up procedures were not followed.

Thus, Hill, contrary to Coles’ defence, had no obligation to be on the lookout for this risk.

Slip and fall compensation 

The NSW Civil Liability Act states that damages can be obtained for pain and suffering, wage loss (if applicable) or home care services required after slipping and falling. These claims can be made against the owner of the premises and/or the owner of the business where the plaintiff was injured.

Particularly as an older person, you shouldn’t have to suffer in silence after a business was negligent. At Gerard Malouf and Partners, we have successfully won countless cases against supermarkets like Westfields, Woolworths, IGA as well as the defendant in the above case, Coles.

We are a small enough law firm to work closely with you but big enough to have the financial resources to challenge these big businesses. We will help you gain the compensation you deserve. Contact us today to schedule a consultation.

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