A trip to the local shopping centre is something most of us do without a second thought. However, when a visit ends with a slip, trip, fall, or another injury, the consequences can be significant. Medical expenses, time away from work, ongoing pain and uncertainty about the future can quickly follow.
Many people assume that if they were injured in a shopping centre, there is nothing they can do. In reality, shopping centres, retailers and other occupiers of premises have legal obligations to take reasonable steps to keep visitors safe. If they fail to do so and someone is injured as a result, a public liability claim may be available.
Who Is Responsible for Safety in a Shopping Centre?
Under Australian law, occupiers of premises owe a duty of care to people who lawfully enter their property. This includes shopping centre owners, retailers, supermarkets, restaurants and other businesses operating within the centre.
The duty is not to guarantee that accidents will never happen. Rather, it is to take reasonable precautions against foreseeable risks of harm. This may include:
- Cleaning spills promptly;
- Carrying out regular inspections of walkways and common areas;
- Repairing damaged flooring, stairs, or handrails;
- Providing adequate lighting;
- Installing appropriate warning signs where hazards exist; and
- Implementing reasonable systems for identifying and removing risks.
When those systems are inadequate and a person is injured, the occupier may be legally responsible for the resulting loss and damage.
Common Shopping Centre Accidents
Public liability claims arising from shopping centres often involve:
- Slips on spilled food or drink;
- Falls caused by wet floors;
- Trips over uneven tiles, damaged flooring, or obstacles;
- Injuries caused by defective escalators or lifts;
- Falling merchandise or displays;
- Car park accidents; and
- Injuries caused by poor maintenance or inadequate security.
Every case depends on its particular facts, but a key question is often whether the risk should have been identified and addressed before the injury occurred.
The Leading Case: Strong v Woolworths Limited
One of Australia’s most important public liability decisions is Strong v Woolworths Limited [2012] HCA 5.
In that case, Ms Strong, who used crutches following a leg amputation, slipped on a greasy hot chip in a sidewalk sales area outside a Big W store at the Centro Taree Shopping Centre. She suffered a serious spinal injury as a result. The area where she fell was under the care and control of Woolworths.
Importantly, Woolworths had no adequate system for periodic inspection and cleaning of the area. The section had last been inspected at approximately 8:00 am and the accident occurred around 12:30 pm.
The High Court ultimately found Woolworths liable. The Court held that, on the balance of probabilities, a reasonable system of inspection and cleaning would have identified and removed the hazard before the accident occurred. Accordingly, Woolworths’ failure to implement such a system caused Ms Strong’s injuries.
The decision is significant because it confirms that occupiers cannot simply wait for hazards to be reported. They must have reasonable systems in place to detect and address foreseeable dangers.
What Must Be Proven?
To succeed in a shopping centre injury claim, an injured person generally needs to establish that:
- The occupier owed them a duty of care;
- The occupier breached that duty by failing to take reasonable precautions;
- The breach caused the injury; and
- The injury resulted in measurable loss or damage.
Evidence may include:
- Incident reports;
- CCTV footage;
- Photographs of the hazard;
- Witness statements;
- Maintenance and cleaning records;
- Medical records; and
- Evidence of lost income and future losses.
Often, one of the most important questions is whether the occupier had a reasonable inspection and cleaning system in place and whether that system was followed.
What Compensation Might Be Available?
Depending on the circumstances, compensation may include:
- Pain and suffering;
- Past and future medical expenses;
- Rehabilitation costs;
- Past and future loss of income;
- Care and assistance requirements; and
- Other expenses resulting from the injury.
The amount recoverable depends on the nature and severity of the injury and the applicable legislation in the relevant state or territory.
What Should You Do After an Accident?
If you are injured at a shopping centre, it is important to:
- Report the incident as soon as possible;
- Request that an incident report be completed;
- Take photographs of the hazard and surrounding area;
- Obtain contact details for any witnesses;
- Seek prompt medical treatment; and
- Obtain legal advice before speaking with insurers or accepting any offers.
Evidence collected in the hours and days following an incident can often make a significant difference to the outcome of a claim.
Shopping centres are expected to be reasonably safe environments for customers. While not every accident will give rise to a compensation claim, occupiers who fail to implement adequate systems for detecting and removing hazards may be held responsible when someone is injured.
The High Court’s decision in Strong v Woolworths Limited reinforces an important principle: where a foreseeable risk could have been identified and addressed through a reasonable inspection and cleaning system, an injured person may have a right to compensation.
If you have been injured at a shopping centre and are unsure whether you have a claim, obtaining legal advice early can help you understand your rights and preserve important evidence.
