How to Seek Compensation After a Slip and Fall
Slip and fall accidents happen every day and always when they are least expected.
These sudden accidents can result in serious injuries which have a very negative impact on lifestyle, earning capacity and cause significant physical, emotional and financial stress.
No one expects to be injured in a slip and fall and very few people are on the lookout for slippery hazards such as water and slippery substances on floors of supermarkets because people go to supermarkets to shop, to take items off shelves and not to watch their every step on the floor.
The managers, proprietors and owners of supermarkets and other public places owe their customers a duty of care to keep the premises safe to minimise risk of injury.
Furthermore, falling in a public place can be humiliating and embarrassing. Many accident victims, after falling, simply want to “runaway” without reporting the accident to a manager or seeking names of witnesses.
For those who have been injured in slip and fall accidents it is important to understand what compensation they may be entitled to.
Many people who are injured in slip and fall accidents may be unaware that they are entitled to receive a slip and fall payout to cover their loss of income, loss of working capacity, medical costs, therapy costs and compensation for their pain and suffering.
In this article, we provide you with a guide as to how to seek compensation if you have been injured in a slip and fall.
Understanding slip and fall accidents in NSW
What is a slip and fall accident?
A slip and fall accident is an accident where a person loses their footing on a surface he or she thought was safe but which contained a hazard such as water or a slippery spillage, falling them causing them to slip suddenly and fall heavily and awkwardly onto the floor or ground.
Common causes of a slip and fall accident
There are many common causes a slip and fall accident. These include:
- Slippery or wet surfaces
- Uneven surfaces
- Broken steps
- Loose materials on a surface
- Poor and inadequate lighting
- In adequate warning signage of known hazards
- Non-existent or broken handrails on a staircase
- slipped on the floor due to spillages or from leaking air conditioners
- Inadequate or complete lack of cleaning services
- Inadequate or complete lack of safety inspections
Statistics on slip and fall incidents in Australia
Slip and fall accidents can happen unexpectedly, leaving individuals injured and in need of compensation for their damages. Whether you’ve tripped and fell on your knee in a supermarket or are seeking compensation for a fall in the supermarket or compensation for tipping on uneven pavement, it’s crucial to understand your rights. Injuries sustained from such accidents can range from minor bruises to severe fractures.
According to the Australian Institute of Health and Welfare, falls of all types resulted in 233,000 hospitalisations in 2021-2022. Of these, 73,730 were caused by slipping, tripping or stumbling on the same level.
This equates to 32% of all hospitalised fall injuries in 2021-2022 resulting from a slip, trip and fall accident – making this the most common type of fall in Australia over that period.
The impact that slip and fall accidents can have on your life
Every slip and fall incident is different in circumstances and severity. The resulting impact on your life, after being injured in a slip and fall, can be wide ranging and severe.
If you are fortunate you may be able to get up after a slip and fall, dust yourself off and walk away, uninjured. However, unfortunately that is not always the case. Many people who have slipped and fallen suffer severe injuries which cause significant problems and restrictions, and also of course pain and suffering.
Injuries can often lead to financial stress caused by inability to work, or to work to full capacity and the cost of ongoing medical treatment and therapy.
In severe cases the victim of a slip and fall may never be able to return to work and may need domestic and other assistance to cope with everyday living activities.
What should you do if you are injured in a slip and fall accident?
Here is a step-by-step guide to help you better understand what you should do as soon as practicable after suffering an injury in a slip and fall accidents.
- Seek medical attention.
If you’re injured you should of course seek medical attention and treatment, if you have not been taken to hospital. You should also cooperate fully with medical advice and rehabilitation.
- Report the accident to the relevant parties.
If you have been unable to report the slip and fall incident to the property owner or manager shortly after the accident you should try and do so when you are physically able, or arrange for someone close to you to do so. In most supermarkets the manager or supervisor will prepare an incident report which can be useful evidence later on.
- Document the accident and check whether there is any CCTV footage of the incident.
Most supermarkets and other shops and establishments have CCTV footage. It is very important for this footage to be preserved and made available as vital evidence as to precisely what happened to cause the slip and fall.
In addition to obtaining CCTV footage it is also important for photographs to be taken of the accident scene and in particular what caused the slip and fall, to obtain the contact details of any eyewitnesses so that they could be interviewed later by your lawyer.
What are your legal rights to slip and fall payout in Australia
In most states and territories in Australia compensation is available to those who have been injured in a slip and fall where the accident could have been avoided if the occupier or manager of premises had taken appropriate safety measures to keep the premises safe.
If the property owner or manager was aware or should have been aware of the issues or hazards that led to the slip and fall accident, yet failed to adequately address them, they are likely be found guilty of negligence by failing in their duty of care.
In these circumstances the person injured in a slip and fall accident is entitled to receive monetary compensation for their injuries and losses, both in the past and in the years ahead.
There are various heads of damages/compensation available to accident victims who can establish/prove that their injuries were caused by the negligence of the owners or managers of the premises where the accident occurred. Compensation includes past and future loss of earnings, the cost of medical treatment and therapy, the creation of domestic assistance provided both voluntarily or commercially and compensation for pain and suffering and loss of enjoyment of life.
How to make a successful slip and fall compensation claim
If you decide to seek compensation, or to seek advice as to whether or not you may have a claim in relation to the injuries and losses of suffered as a result of the slip and fall accident it is important for you understand that there is a process to be followed which requires expert legal advice and involvement.
Supermarket injury compensation claims
It’s important to highlight the prevalence and nuances of supermarket slip and fall cases in Australia. As an experienced public liability lawyer, I’ve witnessed firsthand the distress and disruption these incidents can cause in one’s life. Supermarkets owe a duty of care to their customers, ensuring the shopping environment is safe and free from hazards. However, slip and fall accidents can still occur, often due to wet floors, fallen produce, or poorly maintained premises. When pursuing supermarket injury compensation, it’s crucial to understand that the burden of proof lies with the injured party. Documenting the scene, reporting the incident promptly, and gathering witness statements can significantly bolster your claim. With the right legal expertise, individuals injured in supermarket accidents can navigate the complexities of and seek the compensation they rightfully deserve.
The process for making a slip and fall claim
After you have been injured in a slip and fall accident it would be wise for you to seek the advice of an expert public liability lawyer i.e. a lawyer who specialises in negotiating slip and fall payouts in Australia.
The expert lawyer will be able to gather all the evidence needed to establish that the accident was caused by the negligence/fault of the owner or manager of the premises where the accident occurred and to quantify your claim.
From there, the lawyer will assist you in giving notice of your claim to the party responsible for the accident and thereafter communicate with the public liability insurer or its lawyers to try and achieve the best possible monetary outcome for you.
Most public liability claims are settled “out of court” by negotiation. Some cases however are incapable of being settled for number of reasons and need to be litigated by the commencement of court proceedings and thereafter a hearing of the case by a judge.
The time limits and additional aspects for making a slip and fall compensation claim
The normal limitation period in all states and territories in Australia for commencing court proceedings in a slip and fall personal injury case is three years from the date of accident.
In order to quantify your public liability claim your lawyer will arrange for you to be assessed on a medico-legal basis by expert medical practitioners who will provide reports as to the extent of your injuries and provide a prognosis as to how the injuries are likely to affect you for the rest of your life.
Finding the right public liability lawyer to help you
As you can see, there are several key steps which must be taken in order to bring a successful slip and fall negligence case in Australia.
Of course, one of the most important steps is making sure that you obtain the right legal advice and representation by choosing the best possible public liability lawyer.
Stacks Goudkamp are the experts in slip and fall negligence cases in NSW
At Stacks Goudkamp, our brilliant lawyers specialise in helping you understand your legal rights to compensation and preparing your case for the best possible outcome. With over 40 years of experience in handling such cases, always on a No Win, No Fee service, you can rely on the lawyers of Stacks Goudkamp to always act in your best interests and to obtain the public liability/slip and fall compensation you deserve and which you need to get your life back on track.
Contact us today for a free consultation, where we will work with you to compassionately and patiently understand the circumstances of the accident and the impact the accident has had on your life. We will answer all your questions and thereafter provide you with the support and advice that you need to ensure that your claim is successful.
