Shopping centre slip-ups: What you should know about public liability
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You’re at your local shops picking up a few essentials when, without warning, you slip on a patch of spilled liquid in a supermarket aisle. One moment you’re going about your day, the next you’re dealing with a painful injury — a twisted ankle, a fall onto your back, or something more serious.
The question is: can you do anything about it?
The short answer? Often, yes.
When you enter a shopping centre, you are entitled to expect that reasonable care has been taken to ensure the premises are safe. Where that standard is not met, and you are injured as a result, there may be a basis for a claim.
We spoke with MEJ partner James Treloar to explain what you need to know about shopping centre accidents.
It happens more than you’d think
If you’ve slipped, tripped or fallen at a shopping centre, you are far from alone.
“These incidents occur regularly across a wide range of retail environments, from smaller suburban centres to large commercial complexes,” James explains.
“Common hazards include wet or recently cleaned floors without adequate warning, uneven surfaces or damaged flooring, objects left in walkways, inadequate lighting in carparks, malfunctioning automatic doors, and issues with escalators or moving walkways.”
Many people assume these incidents are simply unfortunate accidents. However, where a hazard ought to have been identified and addressed, the position can be very different.
When is it the shopping centre’s fault?
Under ACT law, occupiers of premises — including shopping centres and individual retailers — owe a duty to take reasonable care to avoid foreseeable risk of injury to visitors.
The key concept is reasonableness.
“Shopping centres are not expected to eliminate every possible risk,” James says. “But they are required to have proper systems in place to identify hazards, respond to them within a reasonable timeframe, and provide appropriate warnings where necessary.”
Liability will often turn on practical questions such as:
- whether the hazard was present for a sufficient period to be detected;
- whether there were reasonable inspection and cleaning systems in place;
- whether those systems were followed; and
- whether adequate warning was provided.
Falls in shopping centres can result in significant injuries, including fractures, head injuries, spinal issues, and ongoing pain conditions.
Where negligence is established, compensation is available for medical and treatment expenses, loss of income, pain and suffering, and other related losses.
Time limits and next steps
In the ACT, a claim for personal injury is generally subject to limitation periods, so early action is important.
Evidence can deteriorate quickly — CCTV footage may be overwritten, incident reports may be incomplete, and witness recollections can fade.
If you have been injured at a shopping centre, it is sensible to obtain advice at an early stage so that your position can be properly assessed and any necessary steps taken to preserve evidence.
Maliganis Edwards Johnson has extensive experience acting for injured Canberrans and advising on public liability claims arising in retail environments.
Injured at a shopping centre?
Maliganis Edwards Johnson can assist you in understanding your rights and navigating the claims process with clarity and confidence. Get in touch for an initial discussion.
