NSW Injured in a supermarket

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

DK80

Member
15 May 2017
1
0
1
My mum recently slipped on a grape in a supermarket. The grape was on the floor of the cheese isle, not the fruit/veg section. As a result, she has sustained injuries to her leg, knee and ankle. The incident was immediately reported to a member of staff, who completed an incident report form. My mum was told someone from their claims area would be in contact. My mum visited her doctor who organised x-rays. The x-rays showed that her muscles and tendons had been injured by the fall. My mum was instructed by her doctor to commence physio. When the claims area of the supermarket called my mum to discuss the incident, they asked her to send receipts for medical costs incurred related to her injury so that she can be reimbursed. They have since written back and are now asking my mum to sign a document that allows the claims area to access her entire medical history. My mum doesn't want the claims area to access her entire medical history and indicated that she does not wish to sign the document granting access to her personal medical history. The supermarket are now playing hard ball and have advised that they cannot proceed any further without access to all the medical history and have no choice but to close my mum's file. I don't believe that this is the case and think that they have a responsibility to assist my mum under their public liability insurance with the injury she sustained in their supermarket. I am not sure what our next steps are and what rights we have under various laws. My mum is already out of pocket for all physio costs she has been paying to treat her injury and really doesn't want to be going down the letigious path. Any advice, would be greatly appreciated.
 

Graeme Kirkham - LawCall

Lawyer
LawTap Verified
17 May 2017
8
1
31
My mum recently slipped on a grape in a supermarket. The grape was on the floor of the cheese isle, not the fruit/veg section. As a result, she has sustained injuries to her leg, knee and ankle. The incident was immediately reported to a member of staff, who completed an incident report form. My mum was told someone from their claims area would be in contact. My mum visited her doctor who organised x-rays. The x-rays showed that her muscles and tendons had been injured by the fall. My mum was instructed by her doctor to commence physio. When the claims area of the supermarket called my mum to discuss the incident, they asked her to send receipts for medical costs incurred related to her injury so that she can be reimbursed. They have since written back and are now asking my mum to sign a document that allows the claims area to access her entire medical history. My mum doesn't want the claims area to access her entire medical history and indicated that she does not wish to sign the document granting access to her personal medical history. The supermarket are now playing hard ball and have advised that they cannot proceed any further without access to all the medical history and have no choice but to close my mum's file. I don't believe that this is the case and think that they have a responsibility to assist my mum under their public liability insurance with the injury she sustained in their supermarket. I am not sure what our next steps are and what rights we have under various laws. My mum is already out of pocket for all physio costs she has been paying to treat her injury and really doesn't want to be going down the letigious path. Any advice, would be greatly appreciated.
 

Graeme Kirkham - LawCall

Lawyer
LawTap Verified
17 May 2017
8
1
31
Dear DK 80,

Sorry to hear about your mum. The supermarket will be liable, if you can prove negligence. In general terms, the simple fact that an injury occurs within premises, does not in itself constitute negligence. In this case, as in many supermarket slip cases, the system of inspection and/or cleaning the floor, becomes extremely relevant. If for example (and you may not know this), a customer was eating grapes and dropped one, only seconds before your mum walked down the aisle, it will be harder to prove negligence than if for example, the grape had been on the floor for a number of minutes and the supermarket did not have an adequate system of inspection, to look out for spillages.

The supermarket may be a self insurer – the very large ones are; and in order to assess what pain and suffering has flowed from the injuries sustained in the fall, it is relatively common for such a request to access medical records to be made. I would not normally provide this information straightaway, without ascertaining the need and purpose for such information. This is when an experienced personal injury lawyer, can assist and advise. A threat by the supermarket to close the file, does not remove the potential obligation of the supermarket to pay compensation, nor does it limit your mum's rights to pursue a claim for compensation. I recommend you consult a lawyer. Many lawyers in this area, work on a no win no fee basis.

I wish your mum the best for recovery.
 

larrylarry

Well-Known Member
2 March 2018
31
2
124
closing your mother's file doesn't mean anything. Your mother has 3 years to bring court proceedings against the supermarket if there are prospects of success, an arguable case.
A competent lawyer in personal injury will be able to assist.