Personal Injury Lawyers
Shopping Centre Compensation Claims

Supermarket and shopping centre accidents that may qualify for personal injury compensation include:

• Slipping on wet floors in aisles, entrances, or near refrigerated sections without adequate warning signs
• Tripping on damaged flooring, uneven surfaces, or defective floor coverings in retail spaces
• Falling on poorly maintained escalators, elevators, or moving walkways
• Accidents in crowded areas during sales events due to inadequate crowd control
• Injuries from falling merchandise, improperly stacked goods, or collapsing displays
• Slips on spilled liquids in aisles that were not promptly cleaned or adequately warned
• Falls in shopping centre car parks due to poor lighting, surface defects, or inadequate maintenance
• Accidents on wet surfaces near refrigerated sections or food display areas
• Injuries from malfunctioning automatic doors, sliding doors, or revolving doors
• Falls caused by defective shopping trolleys or inadequate maintenance of walkways
• Accidents in bathrooms, food courts, or common areas due to poor maintenance
• Injuries from inadequate lighting in stairwells, car parks, or walkways

To establish a valid supermarket or shopping centre compensation claim, you must prove that the shopping centre operator, supermarket chain, or retailer knew or should have known about the hazardous condition and failed to take reasonable steps to address it or warn visitors.

At Stacks Goudkamp, our experienced personal injury lawyers carefully assess whether shopping centre operators and retailers breached their duty of care in maintaining safe premises for customers.

Potentially responsible parties for supermarket and shopping centre accidents in NSW include:

• Shopping centre owners and management companies (such as Westfield or Stockland) responsible for common areas, walkways, escalators, elevators, car parks, and overall premises safety
• Individual supermarkets and major retailers (such as Woolworths, Coles, Aldi, IGA) responsible for their leased spaces, aisles, product displays, and in-store safety
• Cleaning contractors engaged by shopping centres or retailers to maintain floors, walkways, and facilities
• Maintenance companies responsible for escalators, elevators, moving walkways, and building systems
• Security companies that may have witnessed, documented, or failed to respond to hazardous conditions
• Individual store owners and operators within shopping centres responsible for their premises
• Property developers in cases involving design or construction defects

The location of your accident (common areas versus individual stores) affects who may be held liable. Shopping centres often have complex management structures with multiple potentially responsible parties.

At Stacks Goudkamp, we conduct thorough investigations to identify all potentially responsible parties and maximise your compensation prospects.

Proving negligence in supermarket and shopping centre injury claims requires establishing:

• The shopping centre operator or retailer owed you a duty of care to maintain reasonably safe premises
• They knew or should have known about the hazardous condition that caused your accident
• They had reasonable opportunity to address or warn about the hazard
• They breached their duty of care through negligent maintenance, inadequate cleaning, or failure to address known dangers
• Their breach directly caused your accident and injuries
• You suffered compensable damages as a result

We gather evidence from various sources, including:

• CCTV footage from extensive surveillance systems throughout shopping centres and supermarkets
• Cleaning schedules and maintenance logs showing when areas were last inspected or cleaned
• Incident reports documenting previous complaints or accidents in the same location
• Witness statements from shoppers or staff who observed the hazard or your accident
• Photographs of the hazardous condition taken immediately after your accident
• Weather reports if outdoor conditions contributed to indoor hazards
• Staff training records regarding spill response and safety protocols
• Expert safety assessments of shopping centre operations and industry standards

For supermarket and shopping centre claims, we must establish that the property owner knew or should have known of the defect and had reasonable opportunity to address it. This often requires examining cleaning schedules, maintenance protocols, and staff training procedures.

At Stacks Goudkamp, we work with experienced investigators, safety experts, and medical professionals to build compelling evidence demonstrating how the responsible party’s negligence caused your injuries.

Compensation for supermarket and shopping centre injuries typically covers:

• Pain and suffering and loss of enjoyment of life (non-economic loss)
• Past and future medical expenses for treating your injuries
• Past and future loss of income and earning capacity
• Loss of superannuation contributions
• Care and assistance needs during recovery
• Rehabilitation and therapy costs
• Travel expenses related to medical treatment
• Home and vehicle modifications if permanent disability resulted

Pain and suffering compensation is calculated on a scale by reference to a ‘most extreme case’ (currently around $700,000 for catastrophic injuries like quadriplegia). Your compensation is scaled down from this amount based on the severity of your injuries.

The value of your supermarket or shopping centre injury claim depends on your prospects of success and the seriousness of your injury. Most claims settle before reaching court, with settlements typically determined by predictions of what a judge would likely award.

At Stacks Goudkamp, our personal injury lawyers work with medical experts and financial advisors to ensure all impacts of your accident are properly quantified and included in your claim.

In NSW, strict time limits apply to supermarket and shopping centre injury compensation claims. Generally, you have:

• 3 years from the date of your accident to commence proceedings
• In some circumstances, this period can be extended where you didn’t have proper diagnosis of your injury or couldn’t identify the correct defendant

However, there’s no guarantee that time will be extended, and courts apply strict criteria for extensions. Some factors that may affect the limitation period include:

• Discovery of the full extent of your injuries
• Identification of the responsible party
• Mental incapacity at the time of the accident
• Being under 18 years of age when the accident occurred

We strongly recommend contacting a personal injury lawyer as soon as possible after your supermarket or shopping centre accident to ensure your rights are protected. Early action is crucial because CCTV footage is typically retained for only 30-90 days before being overwritten, and witness memories fade over time.

At Stacks Goudkamp, we can assess your specific situation and advise on applicable time limits for your supermarket or shopping centre injury compensation claim.

At Stacks Goudkamp, we handle supermarket and shopping centre injury compensation claims on a No Win, No Fee basis, meaning:

• You pay no legal fees unless you are successful in your claim
• Success means either winning your case in court or accepting a settlement offer
• We advance all expenses incurred during your claim
• These expenses are itemised and form part of settlement negotiations
• If your public liability claim is successful the insurer/defendant will pay a large portion of your legal fees

Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding case expenses. We cover investigation costs, expert reports, court fees, and other expenses ourselves, ensuring you don’t face financial burdens while pursuing your supermarket or shopping centre injury compensation claim.

Your legal fees and our No Win, No Fee agreement will be explained in detail at the outset of your case, so you understand the process completely before proceeding.

The vast majority of supermarket and shopping centre injury claims resolve without requiring a court hearing. Currently, well over 90% of these cases settle before reaching court.

Supermarket and shopping centre injury claims can be resolved through:

• Direct negotiations between lawyers
• Formal settlement conferences
• Mediation with independent mediators
• Pre-trial settlement discussions

Court hearings are only required in rare instances where:

• You’re not satisfied with the defendant’s settlement offer
• Liability is strongly disputed by the shopping centre operator or retailer
• There are complex legal or factual issues requiring judicial determination
• You believe you can achieve a better result through court proceedings

At Stacks Goudkamp, our experienced personal injury lawyers work diligently to achieve fair settlements without the stress and uncertainty of court proceedings, while always being prepared to represent you in court if necessary to secure the compensation you deserve.

If you’re injured in a supermarket or shopping centre accident, taking these steps can protect your health and potential claim:

• Seek immediate medical attention for your injuries
• Report the accident to shopping centre management or store staff and insist on completing an incident report, obtaining a copy for your records
• Take photographs of the hazardous condition, including wide shots showing context and close-ups showing specific defects or wet floors
• Collect contact details from any witnesses who saw your accident or the hazardous condition
• Keep all medical records and receipts related to your treatment
• Document how your injuries affect your daily activities and work
• Don’t admit fault or sign any documents without legal advice
• Preserve clothing and footwear worn during the accident as potential evidence
• Contact Stacks Goudkamp for expert legal advice as soon as possible

Early documentation is crucial in supermarket and shopping centre cases because:

• CCTV footage is typically overwritten within 30-90 days
• Witness memories fade over time
• Hazardous conditions may be repaired quickly
• Incident reports provide important contemporaneous evidence

At Stacks Goudkamp, we provide free, no-obligation assessments of supermarket and shopping centre accidents and can immediately request preservation of CCTV footage to protect your legal rights.

You may still be entitled to supermarket or shopping centre injury compensation even if you were somewhat distracted or not paying full attention to your surroundings when you fell. NSW law recognises contributory negligence, which means:

• Your compensation may be reduced based on your percentage of fault
• You can still recover damages even if you contributed to the accident
• The court or settlement will apportion fault between parties

However, shopping centres and supermarkets must warn of non-obvious hazards regardless of customer attentiveness. Normal shopping activities like looking at products, comparing prices, or managing children are not considered unreasonable distractions.

Examples where contributory negligence might apply:

• Using a mobile phone while walking and not watching where you were going
• Ignoring warning signs or barriers around known hazards
• Being under the influence of alcohol or drugs
• Wearing inappropriate footwear for the conditions
• Engaging in risky behaviour despite obvious hazards

The critical question is whether the shopping centre operator or retailer should have addressed or warned about the hazard regardless of customer attentiveness. If the hazard was not reasonably obvious (such as clear liquid on a glossy floor or a subtle surface defect), being distracted has minimal impact on your claim.

At Stacks Goudkamp, we assess each case individually and work to minimise any finding of contributory negligence while focusing on the defendant’s breach of duty.

Supermarket and shopping centre injury compensation claims typically take between 12 and 24 months to resolve, though timeframes can vary based on:

• The complexity of establishing liability and negligence
• Whether fault is disputed by the shopping centre operator, retailer, or insurer
• The severity of your injuries and long-term prognosis
• The time needed for medical assessments and expert reports
• The willingness of parties to negotiate settlement
• Court schedules if litigation becomes necessary

Simple supermarket and shopping centre injury claims with clear liability may resolve in 6-12 months, while complex cases involving serious injuries or disputed liability may take 18-24 months or longer.

Factors that can expedite resolution:

• Clear evidence of negligence (CCTV footage, incident reports)
• Cooperation from witnesses and property operators
• Prompt medical treatment and documentation
• Early legal representation
• Availability and preservation of CCTV footage

Approximately 90% of supermarket and shopping centre injury claims settle without requiring a full court hearing, often through negotiation or mediation. However, we’re fully prepared to take your case to court if necessary to secure fair compensation.

At Stacks Goudkamp, we work efficiently to progress your supermarket or shopping centre injury claim while ensuring we never compromise on thoroughness or the compensation you deserve. We keep you regularly updated on progress and expected timeframes throughout the process.