Who's responsible - centre owner or tenant?
The dividing line generally tracks the lease boundary:
- Common areas (food courts, walkways, escalators, lifts, carparks, toilets) - shopping centre owner / manager
- Inside a tenant store - the store operator
- Shopfront / store entrance - usually centre, sometimes tenant depending on lease
The right approach is often to put both centre and tenant on notice and let them resolve responsibility between them.
Common shopping centre claims
- Slips on food court floors - drinks, food spills, mopping
- Escalator injuries - clothing caught, sudden stops, gaps and entrapment
- Lift / elevator incidents - door malfunctions, sudden stops, level mismatches
- Carpark injuries - slip on surface, trip on bollard, vehicle strikes
- Falling objects - signage, ceiling tiles, store displays
- Glass door incidents - failure to detect approach
Escalator and lift incidents
Escalators and lifts attract specific safety regulations and inspection requirements. Maintenance contracts, inspection records, and incident logs are critical evidence. Common defects:
- Worn or damaged comb plates
- Defective handrails (often slower than the steps)
- Sudden braking from emergency stop misuse
- Step-tread gaps that snag clothing
The centre, the maintenance contractor, and the equipment manufacturer can all be defendants depending on the cause of failure.
Evidence to gather
- Report to centre management - get an incident report
- Photographs of the location and any defect
- CCTV preservation request within days
- Witness contact details
- Medical records
- For escalator/lift incidents: equipment ID number, location specifics