Public Liability Claims for Slip and Falls
If you have sustained an injury from a slip or a fall inside a shopping centre or other public place, you might be entitled to compensation. The main indicator for the payout of claims is demonstrating neglect on behalf of the proprietor. If they had taken no steps to make certain that people would not be injured, then they may be liable. If you are considering litigation, then there are a few guidelines to follow.
Most Common Accidents in Shopping Centres
Some of the most common causes of slip and fall injuries sustained in shopping centres include:
- Freshly mopped floors
- Liquid spills
- Fruit on the ground
- Water on tiles or pavers from the rain
- Spilt drinks and other beverages
- Melted ice from freezers
Time Limits
For the most part, any formal legal proceedings must commence within a three-year period. However, it is strongly advised that you seek legal advice as early as possible so your claim can be properly investigated.
Getting Your Claim Started
The event would need to be examined and determined if the claim is worth pursuing. A personal injury lawyer can assess your case and, based on the information provided, advise if there is a reasonable chance that your claim would be a success. Often it can be reasonably determined if the fault of the accident was caused by negligence and then the case can be moved forward.
Steps for Making a Claim
- You must notify the person, people, or organisation that you think is responsible for the injury. Often this involves finding out if a business, a landlord, or an individual is at fault. Usually employing a personal injury lawyer can assist you with determining these facts.
- In the notification, you must offer details of the event, any medical treatment you sought and/or received, and what you have determined to be the main contributing factors to your accident. In this document, you need to provide a medical certificate, and diagrams or photographs to match your claim and details of the event.
- Once you have received a response to your initial notice, you are usually presented with two options. They either reject your claim or accept the claim, in either instance they need to provide you with appropriate documentation explaining their decision.
- A compulsory conference is held to discuss the claim and to try to work out a solution that is acceptable for both parties. If no agreement can be reached, then court proceedings can begin.
If no settlement is agreed at the compulsory conference, mediation or a determination by a judge can take up to 6 months or more. The court will make determinations to If the injured party was owed a duty of care and if that duty of care was broken, and if the injury sustained was a direct reflection of that lack of duty of care.
To find out more about public liability claims, get in touch with a personal injury lawyer.