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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Enduring Guardian
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          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
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            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

Slips, Trips and Falls in Shopping Centres and Grocery Stores

Most of us visit our nearest shopping centre or supermarket on a daily or weekly basis – perhaps to pick up groceries, run an errand, or to buy clothes. What if you injure yourself in the process? What do you do and what rights do you have? Slips, trips and falls in shopping centres and grocery stores happen, unfortunately.

If you suffer injuries as a result, it is important to investigate whether you may be able to claim compensation for your loss of earnings, medical treatment and pain and suffering.

If you injure yourself in a shopping centre or a grocery store, you may be entitled to pursue a compensation claim against the shopping centre.  In short, these centres and stores have a duty of care to you as a visitor – a duty to take reasonable care to avoid causing or contributing to personal injury. Most if not all are insured for such risks.

Scope of Duty of Care

The duty owed by the shopping centre management to its invitees and customers, is to take reasonable precautions to prevent risks which are reasonably foreseeable, that is a risk which was not insignificant and against which a reasonable person would have taken precautions.

For example, an assault by a random customer on another customer would likely not be a matter which was reasonably foreseeable.

So, what is reasonably foreseeable?

What if a customer walking around Coles, eating an ice-cream – drops the ice cream on the floor – and another customer walking behind steps into the spillage and falls.

While we can identify a reasonably foreseeable risk here, the common law says that it would be too onerous on and costly for the supermarket to attend to every spillage or hazard. Instead, the court simply needs to be satisfied that there was not a reasonable system of cleaning and inspection in place or that it hadn’t been followed, and had there been an appropriate system in place that the hazard would have been cleaned up preventing the injury.

For instance, the NSW District Court held in Razzak v Coles Supermarkets Australia Ltd [2016] that it would not be considered a breach of duty of care just by virtue of a customer having slipped in store. In that case, the slippery substance in question was a grape which was only lying on the floor for a maximum of 10 minutes before a customer slipped on it. Coles already had four employees checking the floor for spillages every 7 – 20 minutes on this day – and yet, the grape had escaped detection.

Judge Russell considered that to extend liability to such a situation where the fallen produce was only on the floor for a short period of time would impose a heavy burden on these stores – particularly when there was already a fairly comprehensive system of inspection in place.
He stated: “Coles could not have been expected to ensure safety by, for example, having several staff in every aisle doing nothing but watching dropped vegetable matter, or by allocating a staff member to ‘shadow’ every customer as they walked around the store”.

In Strong v Woolworths (2012), the High Court held that a duty to take reasonable care “required inspection and removal of slipping hazards at intervals not greater than 20 minutes”. In that case, Woolworths was ultimately held liable for the injury of one of its customers who had attended a Woolworths-owned ‘Big W’ store and slipped on a hot chip. As the hot chip had likely been present on the floor for longer than 20 minutes, the High Court considered that Woolworths had not fulfilled its duty to take reasonable care. This case emphasises how important it was for these stores to have a system of regular inspection and cleaning in place.

But what if the staff inspecting the produce section miss a lone grape on the floor and you proceed to slip on it? Does this mean the store have breached their duty of care? The short answer is “no”. The law treats these workers as ordinary people and as not having laser vision. Essentially, they can be expected to make mistakes.

In Woolworths Ltd v McQuillan [2007], the NSW Court of Appeal held that:
“…keeping a proper lookout in accordance with instructions to maintain vigilance for hazards on the floor, such as grapes, does not mean a perfect lookout”. For instance, their view of the floor might be obstructed by something in the way. So, as long as the worker keeps a proper look-out for hazards (not a perfect look-out), it won’t be considered a breach of duty of care.

Do customers have a responsibility to look out for themselves?
Yes. “Obvious risk” is often pleaded as a defence in these types of claims. The law expects people to take care for themselves, to keep a proper lookout and to avoid the risk of injury from features which are clearly apparent or a matter of common knowledge. An obvious risk is something which would have been obvious to a reasonable person in the position of the injured person.

Contributory Negligence

A court may also find an injured person partly responsible for their own accident, and reduce any damages award proportionately with the level of their contribution,

So, what can you do if you suffer a serious injury in a shopping centre and/or a supermarket?

  1. Report the incident immediately to the shopping centre manager;
  2. Request a copy of the CCTV footage from the shopping centre manager if possible;
  3. Seek medical treatment for your injuries as soon as possible;
  4. Take photographs and/or video of the location of the subject incident, focusing on what caused your injuries;
  5. Obtain contact details from any witnesses nearby; and
  6. Obtain legal advice to determine if you have a viable compensation claim.

If you, or someone you know, has suffered serious injury  in a supermarket and/or shopping centre, we would be pleased to meet with you to discuss your options on a no-win, no-fee basis. Please contact our friendly team on (02) 4050 0330 to make an appointment with one of our specialist personal injury solicitors.

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