Personal Injury Lawyers
Trips, Slips and Falls Compensation Claims​

Trips, slips and falls accidents that may qualify for personal injury compensation include:

• Slipping on wet floors in shopping centres, supermarkets, or retail stores without adequate warning signs
• Tripping on uneven footpaths, broken stairs, or damaged flooring
• Falling due to poor lighting in car parks, building entrances, or stairwells
• Slips on icy, oily, or poorly maintained surfaces
• Accidents caused by spilled liquids, food, or debris not promptly cleaned up
• Falls from defective handrails, loose carpeting, or unstable surfaces
• Trips over obstacles, cables, or items left in walkways
• Slips in bathrooms or amenities with inadequate drainage or maintenance
• Falls on escalators or moving walkways due to mechanical defects
• Accidents on wet outdoor surfaces without proper drainage or warnings
• Unsafe storage of shopping baskets in supermarkets and shopping centres

To establish a valid slip and fall compensation claim, you must prove that the property owner or occupier knew or should have known about the hazardous condition and failed to take reasonable steps to address it or warn visitors. 

At Stacks Goudkamp, our experienced personal injury lawyers carefully assess whether property owners breached their duty of care in maintaining safe walking surfaces.

Common locations for slip, trip, and fall accidents that may result in compensation claims include:

• Shopping centres (Westfield, Stockland, Castle Towers)
• Supermarkets (Woolworths, Coles, Aldi, IGA)
• Department stores and specialty retail shops
• Markets and food courts
• Footpaths and pedestrian walkways
• Public car parks and transport hubs
• Parks, playgrounds, and recreational facilities
• Government buildings and offices
• Restaurants, cafes, and bars
• Gyms, fitness centres, and sporting facilities
• Hotels, motels, and accommodation venues
• Office buildings and medical centres
• Rental properties and apartment complexes
• Private driveways and walkways
• Schools, universities, and childcare centres
• Construction sites and worksites

The location of your slip and fall accident affects who may be held liable and what evidence is available. Shopping centres and supermarkets often have extensive CCTV coverage, while public spaces may involve council liability.

At Stacks Goudkamp, we investigate all potentially responsible parties depending on where your trips, slips and falls accident occurred.

Proving negligence in trips, slips and falls claims requires establishing:

• The property owner or occupier owed you a duty of care as a lawful visitor
• This duty was breached through negligent acts or omissions
• The breach caused your accident and injuries
• You suffered compensable damages as a result

We gather evidence from various sources, including:

• CCTV footage from shopping centres, supermarkets, or security cameras
• Incident reports completed by property staff or security
• Maintenance and cleaning logs showing inspection schedules
• Weather reports for outdoor slip and fall accidents
• Witness statements from people who saw your accident
• Photographs of the hazardous condition and accident scene
• Expert opinions on building standards and safety protocols
• Medical records documenting your injuries and treatment

For slip and fall claims based on negligent omissions (like poor maintenance), we must establish that the property owner knew or should have known of the defect and had reasonable opportunity to address it.

At Stacks Goudkamp, we work with experienced investigators and expert witnesses who can determine whether property owners met their duty of care obligations.

Compensation for trips, slips and falls injuries typically covers:

• Pain and suffering and loss of enjoyment of life (non-economic loss)
• Past and future medical expenses for treating your injuries
• Past and future loss of income and earning capacity
• Loss of superannuation contributions
• Care and assistance needs during recovery
• Rehabilitation and therapy costs
• Travel expenses related to medical treatment
• Home and vehicle modifications if permanent disability resulted

Pain and suffering compensation is calculated on a scale by reference to a ‘most extreme case’ (currently around $700,000 for catastrophic injuries like quadriplegia). Your compensation is scaled down from this amount based on the severity of your injuries.

The value of your slip and fall claim depends on your prospects of success and the seriousness of your injury. Most slip and fall claims settle before reaching court, with settlements typically determined by predictions of what a judge would likely award.

At Stacks Goudkamp, our personal injury lawyers work with medical experts and financial advisors to ensure all impacts of your slip and fall accident are properly quantified and included in your claim.

In NSW, strict time limits apply to trips, slips and falls compensation claims. Generally, you have:

• 3 years from the date of your accident to commence proceedings
• In some circumstances, this period can be extended where you didn’t have proper diagnosis of your injury or couldn’t identify the correct defendant

However, there’s no guarantee that time will be extended, and courts apply strict criteria for extensions. Some factors that may affect the limitation period include:

• Discovery of the full extent of your injuries
• Identification of the responsible party
• Mental incapacity at the time of the accident
• Being under 18 years of age when the accident occurred

We strongly recommend contacting a personal injury lawyer as soon as possible after your slip and fall accident to ensure your rights are protected. Early action also helps preserve crucial evidence like CCTV footage and witness memories.

At Stacks Goudkamp, we can assess your specific situation and advise on applicable time limits for your slip and fall compensation claim.

At Stacks Goudkamp, we handle trips, slips and falls compensation claims on a No Win, No Fee basis, meaning:

• You pay no legal fees unless you are successful in your claim
• Success means either winning your case in court or accepting a settlement offer
• We advance all expenses incurred during your claim
• These expenses are itemised and form part of settlement negotiations
• If your public liability claim is successful the insurer/defendant will pay a large portion of your legal fees

Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding case expenses. We cover investigation costs, expert reports, court fees, and other expenses ourselves, ensuring you don’t face financial burdens while pursuing your slip and fall compensation claim.

Your legal fees and our No Win, No Fee agreement will be explained in detail at the outset of your case, so you understand the process completely before proceeding.

The vast majority of slip, trip, and fall claims resolve without requiring a court hearing. Currently, well over 90% of these cases settle before reaching court.

Slip and fall claims can be resolved through:

• Direct negotiations between lawyers
• Formal settlement conferences
• Mediation with independent mediators
• Pre-trial settlement discussions

Court hearings are only required in rare instances where:

• You’re not satisfied with the defendant’s settlement offer
• Liability is strongly disputed by the property owner
• There are complex legal or factual issues requiring judicial determination
• You believe you can achieve a better result through court proceedings

At Stacks Goudkamp, our experienced personal injury lawyers work diligently to achieve fair settlements without the stress and uncertainty of court proceedings, while always being prepared to represent you in court if necessary.

If you’re injured in a slip, trip, or fall accident, taking these steps can protect your health and potential claim:

1. Seek immediate medical attention for your injuries
2. Report the accident to the property owner, manager, or relevant authority
3. Take photographs of the accident scene, hazard, and your injuries
4. Collect contact details from any witnesses
5. Keep all medical records and receipts related to your treatment
6. Document how your injuries affect your daily activities and work
7. Don’t admit fault or sign any documents without legal advice
8. Contact Stacks Goudkamp for expert legal advice as soon as possible

Early documentation is crucial in slip and fall cases because:

• CCTV footage may be deleted after 30-90 days
• Witness memories fade over time
• Hazardous conditions may be repaired quickly
• Incident reports provide important contemporaneous evidence

At Stacks Goudkamp, we provide free, no-obligation assessments of slip, trip, and fall accidents and can advise on immediate steps to protect your legal rights.

You may still be entitled to slip and fall compensation even if you were partially at fault for your accident. NSW law recognises contributory negligence, which means:

• Your compensation may be reduced based on your percentage of fault
• You can still recover damages even if you contributed to the accident
• The court or settlement will apportion fault between parties

Examples where contributory negligence might apply:

• Not watching where you were walking in a shopping centre
• Ignoring warning signs or barriers
• Being under the influence of alcohol or drugs
• Wearing inappropriate footwear for the conditions
• Engaging in risky behaviour despite obvious hazards

However, property owners still have a duty to maintain reasonably safe premises and warn of non-obvious hazards. Even if you contributed to your accident, the property owner may still be primarily liable if they failed in their duty of care.

At Stacks Goudkamp, we assess each case individually and can advise how any contributory factors might affect your slip and fall compensation claim.

Slip, trip, and fall compensation claims typically take between 12 and 24 months to resolve, though timeframes can vary based on:

• The complexity of establishing liability and negligence
• Whether fault is disputed by the property owner or insurer
• The severity of your injuries and long-term prognosis
• The time needed for medical assessments and expert reports
• The willingness of parties to negotiate settlement
• Court schedules if litigation becomes necessary

Simple slip and fall claims with clear liability may resolve in 6-12 months, while complex cases involving serious injuries or disputed liability may take 18-24 months or longer.

Factors that can expedite resolution:

• Clear evidence of negligence (CCTV footage, incident reports)
• Cooperation from witnesses and property owners
• Prompt medical treatment and documentation
• Early legal representation

At Stacks Goudkamp, we work efficiently to progress your slip, trip, and fall claim while ensuring we never compromise on thoroughness or the compensation you deserve. We keep you regularly updated on progress and expected timeframes throughout the process.