QLD Assaulted in Shopping Centre on Escalator With my baby

[charchar22]

Hi All,
I'd love some advice on what to do and what the legal requirements are for shopping centres.
I was shopping with my 9 month old baby (in the trolley). Heading down the escalator toward the carpark when a man slammed into me from behind pushing me into the trolley (toward my baby). As the trolleys lock in when on an escalator, I was pinned between it and this man who rub himself against me as he pushed past. He also wasn't wearing a mask (mandate in my state). I'm vaccinated but my baby isn't (so now I'm worried about him). This man looked very unkempt and dirty too. I yelled out to him (I said 'what the f*ck' - I know not the greatest choice of words) but he didn't look back just kept going. There were no security guards and of the 5+ people who saw it, not one person asked if I was ok. I feel violated, I feel scared, I feel like I can't protect my baby. My mental health has just crashed (I already suffer from PPD & PPA & panic attacks) and I sat in my car and cried for a good 15 mins. I keep crying and now I don't want to go out in public anymore. I know the shopping centre at least has a duty of care to enforce the mask mandate - which they've failed but surely they need to keep their patrons safe?
Where do I go from here? I'm so angry that I can't even go grocery shopping without being scared now.

 

[Nighthelyn]

Dear charchar22,

I am sorry this happens to you and your baby.

As soon as possible you should report the matter to the police and file a police report so this is on record. You should check yourself and your baby with a doctor for record of harm done to you and your baby.

What happens after depends:

1. If the perpetrator can be identified, likely this is something the police will attend to;
2. If you feel that the shopping centre did not do right to you, but uncertain if it is worth spending money, you could lodge a complaint to department of fair trading in your state - but this is unlikely to have value unless this is not the only incident; or
3. If you feel that shopping centre breached their duty of care to you and you wish to pursue this, you will need the service of a private solicitor. There will be cost to assess the case, expert assessment if the shopping centre did not do sufficient things in your situation, and because it is relating to public liability it will be defended likely by the shopping centre insurer.

Take care.
-Nighthelyn