The supermarket's duty of care
Under Civil Liability legislation in each Australian state, supermarkets owe a duty of care to customers. The standard is whether they took reasonable steps to identify and address foreseeable hazards. Practical questions:
- How often were inspections done? Most chains have documented "floor walks" every 15-30 minutes
- How long was the hazard present before you slipped?
- Was warning signage present?
- What cleaning methods were used?
Supermarket cleaning records and CCTV footage are critical evidence. Both should be preserved immediately - CCTV is commonly overwritten in 14-30 days.
Evidence to gather immediately
- Report the incident to the store manager - request a written incident report
- Photograph the hazard before it's cleaned up (the spill, the surface, surroundings)
- Note the time and aisle - these match against cleaning records
- Get details of any witnesses (other customers, staff)
- Request CCTV preservation in writing within 7 days
- Get medical attention even if injuries seem minor
- Keep your shopping receipt - establishes you were a customer
Typical compensation amounts
Slip and fall settlements in Australian supermarkets vary widely with injury severity:
- Bruising, mild soft tissue injury: $5,000 – $20,000
- Wrist or ankle fracture, full recovery: $25,000 – $80,000
- Hip fracture (commonly elderly): $80,000 – $400,000
- Back / spine injury with chronic pain: $80,000 – $300,000
- Concussion / mild traumatic brain injury: $80,000 – $250,000
- Severe injury requiring surgery and long rehabilitation: $150,000 – $700,000+
Time limits
Personal injury claims under Civil Liability legislation have time limits that vary by state:
- NSW: 3 years from date of injury
- VIC: 3 years from date of injury (extension possible)
- QLD: 3 years for adults, longer for children
- WA: 3 years from date of injury
- SA: 3 years from date of injury
Some pre-litigation steps (notice of claim, mediation) have shorter sub-deadlines. Lodge promptly and don't accept early settlement offers without legal advice.
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