How a slip and fall claim at a Queensland shopping centre works (2026)
A slip and fall claim at a Queensland shopping centre is possible, but a fall on its own is not enough. Under the Civil Liability Act 2003, you generally need to show someone failed to take reasonable precautions against a foreseeable risk. The claim then follows the notice steps and time limits in the Personal Injuries Proceedings Act 2002.
Key takeaways
Can you make a slip and fall claim at a shopping centre?
Yes, a slip and fall claim can be made against whoever is legally responsible for the area where you fell. However, the law doesn’t treat every fall as someone else’s fault. In Queensland, the question is whether someone owed you a duty of care and breached it. Then the breach must have caused your injury.
The Civil Liability Act 2003 (CLA) sets the tests a court applies. Meanwhile, the Personal Injuries Proceedings Act 2002 (PIPA) sets the steps you must take before any court case. Our public liability claims guide explains that process in full. This page focuses on how it applies to a fall in a shopping centre.
Who might be responsible in a slip and fall claim
A shopping centre often has several parties with some control over the floor. For example, there may be a centre owner, a centre manager, a store tenant and a cleaning contractor. Which of them, if any, is responsible depends on the facts. For example, it matters who controlled the area and who was meant to clean it.
You don’t always need to work this out alone. Under PIPA s 9(7), a person who receives Part 1 must copy it to each other possible respondent they know of. They must also tell you who they sent it to and why. In addition, s 10 covers a person who says they are not the proper respondent. They must give you reasons and any information that may help you find the right one. You can also add other respondents later under s 14.
How the Civil Liability Act decides fault
Under CLA s 9(1), a person doesn’t breach a duty to take precautions against a risk unless three things are true:
What the court weighs up
To decide what a reasonable person would have done, the court considers several factors under s 9(2). These include the probability of harm and how serious it was likely to be. The court also weighs the burden of precautions and the social utility of the activity.
Also note s 10(c). If the centre takes a safety step after your fall, such as adding mats, that later action doesn’t of itself prove liability. Nor does it count as an admission.
Obvious risks and warning signs
The CLA has special rules about obvious risks. Under s 13, an obvious risk is one that would have been obvious to a reasonable person in your position. It includes risks that are patent or a matter of common knowledge. Under s 15, a person generally doesn’t owe a duty to warn of an obvious risk.
There is an important limit, though. Under s 13(5), a risk is not obvious if it arises from a failure to properly maintain or care for a thing. The exception is where that failure is itself obvious. So whether a spill, a worn surface or a hidden defect was an obvious risk depends on the circumstances. A lawyer can tell you how these rules may apply to your fall.
Causation and your own care
You must also show the breach caused your injury. Under CLA s 11, the breach must be a necessary condition of the harm. It must also be appropriate for liability to extend to that harm. In addition, s 12 says the injured person always bears the onus of proving causation on the balance of probabilities.
Your own conduct matters as well. Under s 23, the court applies the same reasonable-person standard to you. For example, it may look at what you knew or ought to have known at the time. If you were partly at fault, the court can reduce your damages. Under s 24, that reduction can even be 100%, which defeats the claim.
Evidence for a slip and fall claim
Because the law focuses on foreseeability and precautions, evidence about the scene often matters. These practical steps can help you keep a clear record:
Ask about CCTV and records early
Shopping centres may hold CCTV footage and cleaning logs. How long they keep them is a matter for each business, so it can help to ask early in writing. Later, the formal notice also matters. Under PIPA s 9(2)(b), the notice must authorise the respondent and its insurer to access records relevant to the claim. In turn, s 27 requires the respondent to give you copies of reports and other documents about the incident that are directly relevant to the claim. If you ask, it must also give you information it has about the circumstances of the incident.
Slip and fall claim deadlines in Queensland
The time limits are strict, and the 1-month rule can bring the first one forward. The table sets out the main steps for a slip and fall claim.
|
Step |
Time limit |
Law |
|---|---|---|
|
Part 1 of the Notice of Claim |
The earlier of 9 months after the fall (or first symptoms) and 1 month after you first instruct a law practice, once the respondent is identified |
PIPA s 9(3) |
|
Preliminary response from the person you notify |
Within the period set by regulation or, if none is set, 1 month after receiving Part 1 |
PIPA s 10(1) |
|
Part 2 of the Notice of Claim |
Within 2 months after the respondent complies with s 10(1), or after s 13 presumes compliance |
PIPA s 9(3A) |
|
Respondent’s decision on liability |
Within the period set by regulation or, if none is set, 6 months after a complying Part 1 notice |
PIPA s 20(1) |
|
Compulsory conference |
Must be held before court proceedings start |
PIPA s 36 |
|
Starting court proceedings |
Generally 3 years from the date of the fall |
LAA s 11 |
If the deadline has passed
A late notice doesn’t automatically end a claim. Under PIPA s 9(5), the obligation to give it continues, but you must give a reasonable excuse for the delay. Consulting a community legal service doesn’t start the 1-month clock (s 9(9A)). The 3-year court limit in LAA s 11 is separate. If it is close, PIPA s 43 lets a court give leave to start an urgent proceeding.
Damages, costs and other schemes
If a claim succeeds, the court assesses general damages using an Injury Scale Value from 0 to 100 (CLA s 61). For injuries arising from 1 July 2026, an ISV of 10 equals $21,850 under the Civil Liability Indexation Notice 2026. These figures don’t predict any outcome. Our guide to lawyer fees explains costs and the 50/50 rule.
Finally, check whether another scheme applies. Say you fell while working, for example as a cleaner. In that case, a damages claim against your employer goes through the workers’ compensation scheme, not PIPA (PIPA s 6(2)(c)). See our WorkCover claims guide. If you are comparing firms, our methodology explains how we assess them.
Frequently asked questions
Sources
Related guides
About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
Firms that handle this kind of claim
See Queensland firms ranked for each claim type and area, or put any two or three side by side. Every fact is checked and dated.