Supermarket fall results in successful public liability claim

Date: Feb 16, 2016

Organisations around Australia have a responsibility to the members of the general public that enter their premises. This is especially true for retail stores, where a high volume of customers and a range of different potential safety hazards create and environment that can quickly become dangerous.

Thankfully, businesses around the country are encouraged to secure public liability insurance. This means that in the event of an incident they’re liable for, people are normally able to lodge public liability claims and receive compensation for any injuries or illnesses they sustain as a result of an organisation’s actions.

Successful public liability case in NSW results in compensation

A recent case before the Supreme Court in NSW revealed just one example of the types of events that can come under the umbrella of public liability claims. In this instance, a faulty refrigerator unit was enough to make the shop more hazardous for customers, result in an injury and subsequent compensation.

The refrigerator cabinet in question leaked water over a portion of the store’s floor. In most instances, water leaks or freshly cleaned surfaces would be marked by signs or similar warnings to ensure patrons are aware of the hazard and remain careful. This time, however, the leak was unreported – a key factor in the success of the public liability claim.

The plaintiff slipped on the unmarked puddle of water and suffered a major injury to her ankle. The damage required surgery, and despite these efforts, the woman still finds it difficult to perform a range of physical tasks and can’t walk with the level of comfort she could before the accident.

Based on the physical pain and suffering, lost income and need for further medical treatment to relieve stiffness in her ankle, the plaintiff asked for a significant sum in compensation. On the other side, the store responsible for the woman’s injury offered a much lower amount, reinforcing the need to have an experienced public liability lawyer guide people through these cases.

In the end, the Judge found a balance between the woman’s original demands and the store’s offer, which resulted in a total compensation payout of almost $300,000.

To ensure you get a fair compensation payout from your public liability claim, contact the team at Gerard Malouf and Partners.

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