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Can you sue a supermarket for slipping?

Updated on November 08, 2021 | Published on November 08, 2021

By Matthew Garling

While supermarkets aren't typically considered to be overly hazardous, there have been some serious accidents that have occurred.

If the accident is severe enough, you will likely incur significant medical bills, loss of wages, and the chance of permanent injury. These damages make it worthwhile looking at pursuing legal action.

Find out if you have a claim in just 2-minutes

Supermarkets should be covered by Public Liability insurance.

Can I sue the supermarket for a slip and fall accident?

Yes. If you slip and fall in a supermarket and sustain an injury, then it is possible to sue the supermarket for compensation for the injury you have sustained. This is known as an Occupier’s Liability Claim or more broadly a Public Liability Claim. The supermarket will have Public Liability insurance which will respond to any claim you make for injuries sustained if you slip and fall in a supermarket.

To obtain any compensation, you must be able to establish how you fell and what caused you to fall. You will only be successful in a slip and fall claim against a supermarket if you can prove negligence. Just because you fell and sustained an injury does not mean that you will win your claim. You must establish breach of duty of care. Breach of duty of care is a failure by act or omission on behalf of the supermarket to have a reasonable system of inspection and cleaning in place to pick up and clean any spills on the floor so people do not slip.

What are recent examples of supermarket negligence cases?

Let’s look at some examples of slip and fall cases in supermarkets that have been successful.

1.     Water leaking from a refrigerator

  • We have acted for a client who slipped and fell sustaining a fracture to her hip, when she slipped on water which had been leaking from a refrigerator. Whilst we were unable to say how long the water had been leaking from the refrigerator, by the nature of the large puddle of water, it had clearly been leaking for some time. The supermarket obviously did not have a proper system of inspecting and cleaning the floor of the supermarket to detect that water had been leaking and this was considered to be unreasonable. A reasonable supermarket in that position should have known that the refrigerator was leaking and cleaned up the water before a customer slipped and fell.

 

2.     Hot chips on the floor

  • Woolworths were forced to pay compensation after a woman slipped on hot chips that had been spilled on the floor. The woman suffered a low back injury when she slipped and fell on the hot chips. The court found that the hot chip had remained on the floor for longer than 20 minutes. A reasonable system of inspection and cleaning in the circumstances of the Woolworths store should have picked up the spilt hot chips within approximately 15 minutes and Woolworths was therefore considered negligent because a reasonable system of inspection of the floor should have occurred every 15 minutes. The failure to do this was considered negligent.

Compensation for these types of injuries usually include an amount for pain and suffering, loss of income and payment of medical expenses.

If you are unsure whether your NSW Public Liability claim is worth pursuing, please do not hesitate to contact Garling & Co Lawyers.

Matthew Garling

Matthew Garling, Founder of Garling & Co is a NSW Law Society Accredited Specialist in Personal Injury Law. He specialises in compensation law and has acted on behalf of thousands of injured people in work accidents, motor vehicle accidents and negligence cases over the last 20 years.

Daniel F.
08:48 10 Nov 21
My wife suffered psychological injury.Never having similar experience she had to get legal advice.Workers compensation law is complex and she needed someone to help her navigate her way through.... There are many compensation lawyers but not all with enough experience and strong reputation . We have finally decided to go with Matthew and his team based on the independent website reviews .Looking back now we have made the right choice .There is lot of hurdles and having trustworthy lawyer with great communication skills on your side can make huge difference .My wife can now try to move on with the compensation she deserved.Thanks to Matthew ,Allison ,Emma,Rebecca and rest of the team. Thank you again.Daniel and Veerayaread more
K B.
07:35 28 Oct 21
When you work for an employer for a number of decades and suffer a debilitating injury, you expect compassion, support and belief that you are genuine. When you don’t get that and then also have to... deal with Workers Compensation Insurers it slowly breaks you.That's when you need amazing support like Matthew Garling and his team. From my first meeting with Matthew I was confident I was referred to the right guy. I couldn’t be more pleased with my outcome. Matthew is the Guru of workers compensation, he is professional, easy to work with, nothings a bother and most importantly he gets great results. Do not think twice about using Garling and Co Lawyers.Thank you Matthew, Renee, Allison and Kelli for your invaluable support.read more
Erin & Tom L.
04:25 21 Sep 21
Matthew and his team were so responsive throughout my entire claim. They made sure everything was explained clearly and always responded promptly to my questions. I can not thank them enough for... their support.read more
Moussa I.
14:23 20 Sep 21
Great attitude! they return my call every time I callI'm very confident I will reach something good with garling &co
Dulce L.
08:48 23 Aug 21
Garling & Co have been exceptional. Matthew was always professional attentive clear and concise, I felt up most confidence in his management dealing with my matter always had my best interest. i... highly recommend Garling & Co Lawyersread more
Melissa H
11:53 10 Aug 21
I am grateful to have had Matthew represent me on my motor vehicle compensation claim.After meeting with two lawyers previous to deciding on Garling and co, I was left unsure and confused as to... where I stood regarding my claim. Matthew and Allison were incredibly helpful, put my mind at ease, and took the worry and stress out of an already difficult situation.Through the settlement process they would always keep me informed and made time to answer all of my questions. I am really pleased with the outcome of the settlement.Thank you to the team at Garling and Coread more
Violeta C.
07:30 05 Aug 21
My experience with Garling & Co was great. Matthew was always professional, attentive and communicated in a clear manner. I felt confident in his management of my matter & always had my best interest... in mind.I have no reservation in recommending Matthew & the Garling & Co team.read more
Sonia C.
03:04 05 Aug 21
Ann F.
04:11 04 Aug 21
Professional and helpful
Sunita S.
04:00 04 Aug 21
Overall, I am very happy of their service and also the outcomes of my case.
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Daniel F.
08:48 10 Nov 21
My wife suffered psychological injury.Never having similar experience she had to get legal advice.Workers compensation law is complex and she needed someone to help her navigate her way through.... There are many compensation lawyers but not all with enough experience and strong reputation . We have finally decided to go with Matthew and his team based on the independent website reviews .Looking back now we have made the right choice .There is lot of hurdles and having trustworthy lawyer with great communication skills on your side can make huge difference .My wife can now try to move on with the compensation she deserved.Thanks to Matthew ,Allison ,Emma,Rebecca and rest of the team. Thank you again.Daniel and Veerayaread more
K B.
07:35 28 Oct 21
When you work for an employer for a number of decades and suffer a debilitating injury, you expect compassion, support and belief that you are genuine. When you don’t get that and then also have to... deal with Workers Compensation Insurers it slowly breaks you.That's when you need amazing support like Matthew Garling and his team. From my first meeting with Matthew I was confident I was referred to the right guy. I couldn’t be more pleased with my outcome. Matthew is the Guru of workers compensation, he is professional, easy to work with, nothings a bother and most importantly he gets great results. Do not think twice about using Garling and Co Lawyers.Thank you Matthew, Renee, Allison and Kelli for your invaluable support.read more
Erin & Tom L.
04:25 21 Sep 21
Matthew and his team were so responsive throughout my entire claim. They made sure everything was explained clearly and always responded promptly to my questions. I can not thank them enough for... their support.read more
Moussa I.
14:23 20 Sep 21
Great attitude! they return my call every time I callI'm very confident I will reach something good with garling &co
Dulce L.
08:48 23 Aug 21
Garling & Co have been exceptional. Matthew was always professional attentive clear and concise, I felt up most confidence in his management dealing with my matter always had my best interest. i... highly recommend Garling & Co Lawyersread more
Melissa H
11:53 10 Aug 21
I am grateful to have had Matthew represent me on my motor vehicle compensation claim.After meeting with two lawyers previous to deciding on Garling and co, I was left unsure and confused as to... where I stood regarding my claim. Matthew and Allison were incredibly helpful, put my mind at ease, and took the worry and stress out of an already difficult situation.Through the settlement process they would always keep me informed and made time to answer all of my questions. I am really pleased with the outcome of the settlement.Thank you to the team at Garling and Coread more
Violeta C.
07:30 05 Aug 21
My experience with Garling & Co was great. Matthew was always professional, attentive and communicated in a clear manner. I felt confident in his management of my matter & always had my best interest... in mind.I have no reservation in recommending Matthew & the Garling & Co team.read more
Sonia C.
03:04 05 Aug 21
Ann F.
04:11 04 Aug 21
Professional and helpful
Sunita S.
04:00 04 Aug 21
Overall, I am very happy of their service and also the outcomes of my case.
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