Beware the grapes of wrath (or at least the grape on the floor): the risky business of supermarket slips & falls
If I were to utter the words ‘risky and dangerous activities’, what would come to mind? Skydiving? Bungee-jumping? Boldly proclaiming that Dan and Sandy from Married at First Sight will go the distance?
All are appropriate examples, but one activity that probably doesn’t cross your mind is going down to the supermarket to do the weekly grocery shop. And yet, errant grapes, spilt water or grease from the rotisserie chicken stand are regularly bringing mum and dad shoppers to their knees (quite literally).
Often these slips and falls, which at first seem so minor, can have long-lasting effects. The good news is, if you have injured yourself and it is somebody else’s fault then you may be able to make a claim for compensation for your injuries.
If I fall at a shopping centre, who is at fault
When someone slips and falls in a shopping centre, determining who is at fault is not always straight forward. Generally, who is at fault in each case will require a careful analysis of all of the relevant factors that led up to you falling – what did you slip on? How long had it been there? What system was in place to detect that hazard and to clean it up?
Many of Australia’s largest supermarkets have a ‘clean as you go’ system – a system that often requires a supermarket staff member to keep an eye out for spills or other hazards in addition to their primary duties.
A recent decision in the ACT cast doubt again over the adequacy of the ‘clean as you go’ system.
On 23 September 2017, Ms Zlata Buljat was shopping in a Coles supermarket when she slipped on a green grape. As a result, she suffered a right lower leg injury and she subsequently made a claim against Coles. At this store, Coles had a ‘clean as you go’ system.
In Ms Buljat’s case, the Court of Appeal stated:
The “clean as you go” cleaning system operated through the opening hours of the store. The store was cleaned by dedicated cleaners before and after opening hours, but not during those hours. [Ms Buljat]’s fall occurred six hours and 32 minutes after opening. Accordingly, there had been no specific cleaning during this period. Safety for this period relied entirely upon staff, going about their normal duties, identifying hazards.¹
Can I make a claim if I slip and fall at the supermarket?
We have helped thousands of clients to get their life back on track and to obtain proper compensation for their injuries. If you have been injured as a result of a fall where you are not at fault, and you want to claim compensation, you ought to consider how your lawyer can help you through the claims process.
Slip and trip questions? Enquiries cost nothing
If you would like to find out more, or you would like to discuss whether your potential claim is worth pursuing, get in touch with us for a free, no obligation consultation. Call us on 1800 958 498 today to speak with a lawyer or take a free thirty second quick claim assessment below.
¹ Buljat v Coles Supermarkets Australia Pty Ltd [2022] ACTCA 71, [33].
