A slip in a supermarket, shopping centre, or public place can cause serious, lasting injuries. But the evidence that proves the occupier was negligent — the wet floor, the missing sign, the CCTV footage — disappears fast. Here's what to do immediately.

Step 1: Report It and Get an Incident Report Number

Before you leave the premises, report the accident to the store manager or duty manager and ask them to complete a formal incident report. Request a copy, or at minimum write down the incident report number. This creates an official record of the time, location, and circumstances of your fall — and it means the store cannot later claim they had no knowledge of the incident.

If staff are unhelpful or try to minimise what happened, stay calm and persistent. You are entitled to report an injury on their premises.

Step 2: Photograph Everything Immediately

Use your phone to document the scene before anything is cleaned up or changed. Your photos should capture:

  • The hazard itself — the spill, wet patch, uneven surface, or obstacle
  • The absence of any warning signs (or the presence of one placed after the fall)
  • Wide shots showing where you were relative to the rest of the store
  • Any visible injuries — bruising, cuts, swelling
  • Your footwear (defendants often argue contributory negligence based on inappropriate shoes)

CCTV footage is typically only retained for 24 to 72 hours before it is automatically overwritten. If CCTV covered the area where you fell, your lawyer needs to request preservation immediately — this is something we do as soon as you contact us.

Step 3: Get Witness Names and Contact Details

If anyone saw you fall or saw the hazard before you fell, ask for their name and phone number. Independent witnesses who can confirm the hazard existed and that no warning signs were present are highly valuable in a public liability claim. Other customers, store staff who saw the spill, and even people who helped you up can all provide useful evidence.

Step 4: See a Doctor Today

Even if you feel you can manage, see a GP or attend an emergency department the same day. Injuries from falls — particularly to the back, hips, knees, wrists, and head — are not always immediately apparent. A medical record created on the day of the incident establishes the connection between the fall and your injuries. A gap between the fall and your first medical appointment gives the insurer room to argue your injuries were caused by something else.

Step 5: Don't Sign Anything From the Store's Insurer

The store's public liability insurer may contact you quickly — sometimes within days. They may offer a small payment or ask you to sign a release. Do not sign anything and do not accept any payment without legal advice. Once you sign a release, your claim is finalised regardless of how your injuries develop. Early offers are made precisely because the insurer knows the claim is likely worth more.

What You Can Claim

A successful public liability claim can cover medical and rehabilitation expenses, lost wages (past and future), the cost of care and assistance, and general damages for pain and suffering. For serious injuries such as fractures, spinal injuries, or those requiring surgery, damages can be substantial.

The Legal Test — What You Need to Prove

Queensland public liability law requires you to show that the occupier (the store, council, or property owner) knew or ought reasonably to have known about the hazard and failed to take reasonable steps to address it. Evidence of how long the hazard had been present, whether it had been reported, and whether the store's inspection and cleaning schedule was followed are all central to this test.

Michael Singh
Principal · AMK Lawyers