Supermarket accidents are more common than many people realise. A 2015 Citi report on ASX100 companies found that supermarkets had the worst safety records.
What should be a simple shopping trip can quickly turn into a painful ordeal if you’re injured due to unsafe conditions. Major chains like Coles and Woolworths have a legal duty to keep their stores safe, yet accidents continue to happen.
The Reality of Supermarket Injuries in NSW
Although some accidents in the supermarket can cause minor inconveniences, others can lead to serious physical harm, financial stress, and long-term health issues. For example, you could slip on a wet floor while reaching for a carton of milk or trip over misplaced merchandise in a crowded aisle. In high-traffic areas, the risk increases due to the sheer number of shoppers navigating store aisles daily.
For instance, as a major commercial hub, Parramatta has large supermarkets that see thousands of customers each day. Cabramatta, known for its busy shopping precincts and fresh food markets, also experiences high foot traffic, particularly on weekends. These conditions make it crucial for supermarkets to enforce strict safety protocols. Unfortunately, lapses in safety measures still occur, leading to preventable injuries.
Common Causes of Supermarket Injuries
Slip and Fall Accidents
Slip and fall accidents are among the most common reasons people are injured in a supermarket. These incidents often result from:
- Spilled liquids not cleaned up promptly
- Recently mopped floors without warning signs
- Water leakage from refrigeration units
- Produce (like grapes or leafy greens) dropped on the floor
- Rainwater tracked inside without proper matting
Trip Hazards
Trip hazards in supermarkets can be just as dangerous as slips. These typically include:
- Stock left in aisles
- Uneven flooring or torn carpets
- Unsecured floor mats
- Low-hanging promotional displays
- Cables or electrical cords crossing walkways
Some NSW shoppers experience accidents due to tripping over floor mats that weren’t secured properly or temporary promotional stands placed carelessly in high-traffic areas.
Falling Objects
Supermarket shelves are stacked high to maximise space, but improper stocking can lead to falling object injuries. These accidents occur due to:
- Unstable displays
- Items falling during restocking
- Heavy objects placed on weak shelving
- Merchandise improperly secured on high shelves
Parking Lot Injuries
Supermarket injuries don’t just happen inside the store. Parking lots present hazards that can lead to serious accidents. Common parking lot injury risks include:
- Potholes or uneven surfaces
- Poorly maintained pedestrian walkways
- Shopping trolleys left in parking spaces
- Cars reversing without clear visibility
- Poor lighting in the evening or early morning
Large supermarkets often have multi-level parking areas, increasing the risk of vehicle-related accidents. Similarly, busy shopping strips, where pedestrians and vehicles mix in tight spaces, present additional risks. If you’re injured in a supermarket parking lot due to negligence—such as an unsafe surface or a trolley left in a driving lane—you may have grounds for a compensation claim.
Common Injuries in Supermarket Accidents
Supermarket accidents can result in a range of injuries, some of which have long-term consequences. Here are some of the most common injuries and how they typically occur:
Fractures and Broken Bones
- Occur when a person falls on a hard surface, often due to slipping on spilled liquids or tripping over obstacles.
- Commonly affect wrists, ankles, and hips, particularly in older individuals.
Head Injuries and Concussions
- Result from falls or being struck by falling objects, such as items from high shelves.
- Can lead to dizziness, headache, memory loss, and long-term cognitive issues.
Soft Tissue Injuries (Sprains and Strains)
- Frequently caused by sudden, awkward movements during a fall or when trying to catch oneself.
- Often affect the ankles, knees, shoulders, and lower back.
Cuts and Lacerations
- Can occur due to sharp objects left on the floor, broken glass, or defective shopping trolleys.
- May require stitches and can lead to infections if not properly treated.
Spinal Injuries
- Serious falls can result in spinal damage, sometimes leading to chronic pain or mobility issues.
- May occur when someone falls backwards onto hard flooring
Bruising and Contusions
- Typically caused by blunt force trauma from falls or colliding with objects like shelving units or trolleys.
- Though minor, severe bruising can indicate deeper tissue or nerve damage.
The Claims Process When Injured in a Supermarket
If you’re injured in a supermarket or its parking lot in NSW, follow these steps:
- Notify store staff about the accident as soon as possible.
- Take photos of the accident scene
- Collect witness details
- Seek medical attention
- Ask the store to preserve CCTV footage
- Maintain detailed records of your medical treatment and related expenses.
- Consult an experienced Public Liability Lawyer such as ours before speaking with insurance companies
NSW law allows three years to lodge a public liability claim, but starting early improves your chances of success.
Compensation Entitlements
Supermarket injury compensation claims can include:
- Medical Expenses: Hospital visits, surgery, rehab
- Lost Wages: If you’re unable to work
- Home Modifications: Wheelchair ramps, stairlifts
- Travel Costs: Transport to medical appointments
Non-Economic Loss
- Pain and Suffering: Compensation for physical and mental distress
For pain and suffering claims, your injury must meet NSW’s impairment threshold—5% for physical injuries and 10% for psychological injuries.
Can You Claim Compensation for Multiple Injuries?
Yes. If you suffer multiple injuries in a supermarket accident, they can all be included in one claim. For instance, a slip might cause both a fractured wrist and a back injury. Compensation considers:
- Medical costs
- Lost income
- Pain and suffering
- Future medical needs
- Assistance with daily tasks
If secondary injuries develop—such as a shoulder injury from using crutches after a leg injury—they can also be included in the claim.
Notable Supermarket Injury Cases
Kmart Liable for Customer Injury from Falling Mountain Bike
The NSW Court of Appeal dismissed Kmart’s appeal in Kmart Australia Limited v Marmara [2024] NSWCA 249, ruling retailers must implement mandatory systems for oversized items.
Ms Marmara was injured when a boxed mountain bike fell from another customer’s standard trolley at Kmart Woy Woy. Although Kmart had a procedure where customers could request loading dock collection, this service wasn’t advertised and remained optional.
The Court found Kmart breached its duty by:
- Failing to prohibit standard trolleys for transporting oversized items
- Not implementing a mandatory collection system at the loading dock
- Not providing proper signage and staff training
The judgment established that optional collection procedures are insufficient, and retailers must implement mandatory systems to protect customers from foreseeable risks, noting competitors like Aldi already had such systems in place.
Strong v Woolworths Limited T/AS Big W [2012] & Anor HCA 5
In this case, a woman with an amputated right leg, walking with crutches, slipped on a greasy chip in a shopping centre walkway controlled by Woolworths. The last inspection was at 8:00 am, and the accident occurred at 12:30 pm. The court ruled Woolworths was negligent for not having a reasonable cleaning system. This case set a precedent that if a hazard’s timing is unknown, courts may assume it was present long enough to be detected and removed with proper inspections.
Gomez v Woolworths Group Limited [2024] NSWCA 121
Ms. Gomez slipped on a piece of mango near the entrance of a Woolworths store. CCTV showed the fruit was dropped at 5:02 pm, and she fell at 5:11 pm. Woolworths had missed its 5:00 pm scheduled inspection. While the court found Woolworths breached its duty, it ruled that even if the inspection had occurred, the fruit would not have been removed in time. This case highlights how timing affects liability claims.
Buljat v Coles Supermarkets Australia Pty Ltd [2022] ACTSC 47
Ms. Buljat slipped on a grape in a Coles store and sued for negligence. Coles used a “Clean as You Go” system, training staff to remove hazards immediately. The court ruled this system was reasonable, unlike in Strong v Woolworths, where no system existed. The case confirmed that supermarkets don’t always need documented inspections if other effective safety measures are in place.
Key Takeaways
- Timing is critical: Clear evidence of when a hazard appeared can determine liability.
- Cleaning systems matter: “Clean as You Go” can be enough if enforced properly.
- Courts recognise practical challenges: Some hazards, like green grapes, are harder to detect.
- Breach alone isn’t enough: Claimants must prove the failure directly caused their injury.
- Mandatory Safety Systems Are Crucial: Retailers cannot rely on optional safety measures. Courts expect proactive, enforceable systems (e.g., mandatory collection for oversized items, structured cleaning schedules) to prevent foreseeable risks.
Supermarket Liability: Coles vs. Woolworths
Both Coles and Woolworths have specific safety policies, but legal cases show that simply having policies isn’t enough—they must be properly enforced.
Coles Supermarkets
Coles supermarkets implement measures such as:
- Electronic floor check systems
- CCTV coverage
- Dedicated cleaning teams
Despite these, injuries still occur. Coles’ “Clean as You Go” policy has been challenged in court, with rulings finding that insufficient documentation of inspections can make them liable for injuries. To learn more about Coles’ safety policy, click here.
Woolworths Supermarkets
Woolworths operates similar policies, including:
- Scheduled store inspections
- Warning signs for wet floors
- Employee training in hazard prevention
You can read more about Woolworths’ safety policy here.
Maximise Your Compensation
Injuries in supermarkets and their parking lots can have lasting consequences. Understanding your legal rights is crucial to securing the compensation you deserve. Wherever your accident happened, the key is to act quickly, gather evidence, and seek expert legal help.
At Gajic Lawyers, we offer no win no fee services, so you only pay if we win your case – no risk to you! From gathering evidence to negotiating with insurers, our expert Parramatta Public Liability Lawyers and Cabramatta Public Liability Lawyers will fight for the maximum compensation you deserve.
We understand the importance of clear communication. Our team includes Duc Minh Le, a full-time Vietnamese interpreter, and many of our legal staff are bilingual or multilingual. If needed, we will arrange for an interpreter in your language to ensure you fully understand your rights and options.
If you or a loved one has been injured in a supermarket, get in touch today for expert advice.
