Slip And Fall Claims: Understanding Your Rights

When you’re out and about, the last thing you expect is to be injured and need to make a slip and fall claim. However, for thousands of Australians every year, what starts as a regular day out or visit to the shops turns into an injury requiring medical treatment, time off work, and even surgery. Slip and fall injuries can be serious; full recovery can take months or even years, and in some cases, injuries are permanent.

We’ve helped hundreds of clients with their slip and fall claims. This article brings together our extensive experience and explains everything you need to know about slip and fall cases and settlements in Australia to ensure you receive everything you’re entitled to.

We’ve included an example of a $540k claim we successfully handled for a Sydney small business owner. Throughout this article, you’ll also find expert tips from our lawyers to guide you through the process.

Does My Slip and Fall Qualify for a Claim?

In our experience, the most common slip and fall claims occur in the following locations:

• Shopping Centers: Wet floors, debris, and uneven surfaces can cause accidents.

• Supermarkets: Spills and cluttered aisles are typical hazards.

• Hospitals: Wet floors and poorly maintained areas can lead to falls.

• Restaurants and Cafes: Slippery floors and misplaced items can be dangerous.

• Public Buildings: Poorly maintained entryways and hallways can pose risks.

• Rental Properties: Landlord negligence in maintenance can lead to accidents.

• Public Footpaths: Uneven surfaces and poorly lit areas are common causes.

What Should I Do After a Slip and Fall Accident?

To give your slip and fall claim the best chance of success, it’s crucial to keep thorough records that can be used as evidence. Here’s what you need to do:

1. Report the Accident: Notify the person responsible for the property as soon as possible. This could be a store or shopping center manager, building manager, local authority, homeowner, or landlord.

1. Document the Incident:

• Get the name of the staff member you speak to and ensure a complete accident report is made.

• Take photos of the spillage or hazard that caused your accident.

• Obtain names and contact details of any witnesses.

1. Seek Medical Attention: Even if the injury seems minor, a medical report can validate your claim.

Can I Claim Compensation for My Slip and Fall Accident?

You can claim compensation if:

• Negligence: You can show that your slip and fall accident could have been avoided if the responsible party had taken action to prevent it.

• Losses: Your injury results in losses, such as time off work or medical bills.

We have extensive experience proving liability in slip and fall cases. However, it’s not always simple. A building owner or manager can only be held liable if they knew or should have known about a hazard and did nothing about it.

For example, consider a situation where liquid has been spilled on a floor. If the spillage was left for a long period without being cleaned up, causing you to slip and fall, it’s likely the building manager would be found negligent for not having the right safety procedures in place. Conversely, if the slip and fall accident happened within seconds of the spill, it could be argued that the building manager wasn’t negligent, as they had no opportunity to address it.

Expert Tips from Our Personal Injury Lawyers in Cairns

Tip 1: Act Quickly

Time is of the essence in slip and fall claims. Promptly reporting the incident and seeking legal advice can significantly impact the strength of your case.

Tip 2: Preserve Evidence

Photographs, witness statements, and medical reports are vital pieces of evidence. Ensure you gather as much information as possible immediately following the incident.

Tip 3: Seek Professional Help

Navigating a slip and fall claim can be complex. Consulting with experienced injury lawyers who specialise in these cases can greatly enhance your chances of a successful outcome.

Slip and fall accidents can disrupt your life and result in significant physical, emotional, and financial burdens. Understanding your rights and the steps to take following such an incident is crucial in ensuring you receive the compensation you deserve. Our experienced slip and fall lawyers are here to help you navigate the complexities of your claim and provide the support you need during this challenging time.

If you need assistance with your slip and fall claim, speak to Cairns Injury Lawyers today.