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Retailers deal with a wide range of legal issues on a daily basis. These issues can involve insurance disputes, dealing with copyright material, trademark issues, and the drafting and interpretation of contracts to name just a few. Many of these potential legal problems will be dependent on the type of retail business that the individual seeking legal assistance is engaged in. Each business will have unique characteristics and therefore unique problems that it may have to deal with. Negligence cases in the retail industry, like negligence cases elsewhere, will need to be assessed on the basis of a detailed investigation of the circumstances of each individual case.

Common disputes which occur in the field of negligent conduct can fit into either misrepresentation of goods and misrepresentations of services. This is where representations have been made to an individual member of the public, who then enters into a contractual relationship with the retailer but is unsatisfied with the goods received or the service provided on the basis that what was said to him was not true or inaccurate. Such claims can ground an allegation of professional negligence against a retailer, but they are not easy to prove. A retailers’ solicitor who deals in professional negligence claims can provide the necessary legal advice that will assist in preparing a claim. Likewise, a retailers’ lawyer will be best suited to investigate and establish any available defence against allegations of professional negligence.

To prepare a negligence case (whether a person is a retailer being sued or whether a person is thinking about suing a retailer) firstly evidence for the negligent activity will need to be gathered before the following is investigated:

  • The relevant professional standard according to which the public expects retailers to conduct their business; and
  • The laws relating to the professional standard, known as the “duty of care”.

The law itself is a constantly evolving creature which develops over time along with community attitudes to commercial responsibility. For this reason, a proper investigation of the law will not be a simple or easy task in light of the fact that the evidence may also be open to various interpretations. Obtaining legal advice from a retail lawyer will therefore be essential before any steps can be taken to either sue a retailer or defend against a claim of retail negligence. Nevertheless, once the evidence is collated, preparing the case will necessarily also involve establishing that:

  • A duty of care existed in the given situation; and
  • The duty of care was breached by the retailer.

An experienced retail negligence lawyer will provide the legal advice needed to prepare and prosecute a claim or defence to a claim. If you find that you may need some legal advice in this area, you may consider contacting one of our retail solicitors for more information on how we can assist you in your case.

If you require guidance with a negligence matter involving a retailer, you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au and make an appointment to see one of our solicitors. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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