If you have been injured in a public place, you may be eligible to make a claim for pecuniary loss damages and pain and suffering damages. Common injuries in a public place include slips and trips in supermarkets.
Over the past 12 months, the law around the system of work to manage cleaning needs and slip and trip risks in supermarkets has been in a state of flux. Coles has a ‘Clean-As-You-Go’ system of inspection, which means there is no formulised periodic inspection for cleaning needs and slip and trip risks.
In the ACT Supreme Court of Appeal case of Buljat v Coles Supermarkets Australia Pty Ltd  ACTCA 71, it was determined that such a system was not adequate, and that a system of dedicated inspection would have detected a grape or other spill or slip hazard.
Our client’s story
Our client was injured in similar factual circumstances to Ms Buljat, when she slipped on loose grapes near the self-checkout area of a Coles supermarket. The self-checkout was located near the fruit and vegetable section. When approaching the self-checkout with bags in her hands, she slipped on the grapes and when assisted from the floor by other shoppers, slipped again. As a result of the falls, she suffered injury to her lower back and hip, as well as her right knee.
Our client was retired, and therefore had no claim for economic loss, however we were able to obtain a substantial out of court settlement for general damages to reflect the pain and suffering she sustained as a result of the negligent system of inspection for spills and slips.
If you or someone you know has been injured in a public place, we can help. To arrange your free initial consultation, contact our legal team on (03) 9321 9988 or submit an online enquiry today.