How to Make a Slip And Fall Claim in Australia

Who is Eligible to Make a Public Liability Claim?

Public liability means the legal responsibility businesses, property owners and even government entities have to ensure their premises are safe for visitors. If you’ve been injured due to negligence you may have grounds to claim compensation under public liability laws.

But not every slip and fall incident is a claim. To be eligible, you must prove:

• Someone else’s negligence caused the accident.
• The responsible party owed you a duty of care.
• Your injury caused financial, physical or emotional damage.

For example, if you slipped on a wet floor in a shopping centre without a warning sign or tripped on an uneven footpath that had been neglected, you may have a strong case.

Common Causes of Slip and Fall Accidents

Slip and fall incidents can occur almost anywhere, but some common causes include:

• Wet or slippery floors without proper signage
• Uneven or broken pavement
• Poor lighting in public spaces
• Loose carpets or floor mats
• Cluttered walkways

Understanding what caused your accident is key to establishing liability. Contact Wyatts’ public liability lawyers at 1800 773 880 today to get the compensation you’re entitled to.

Where Do Slip and Fall Incidents Occur in Public Places?

Slip and fall incidents due to negligence occur in places such as:

• Shopping Centres – Slips and falls in shopping centres often happen due to wet floors because of cleaning, spills or roof leaks.
• Supermarkets – Supermarkets are common places for slip and fall accidents, often due to food spills, leaking refrigeration units or uncleaned liquid spills.
• Footpaths – Public pathways have slip hazards like uneven surfaces or debris.
• Office Buildings and Workplaces – Office buildings may have slip risks from roof leaks, water accumulation from wet umbrellas or other spills.
• Restaurants and Cafes – In dining establishments, spills from food and drinks that are not cleaned up promptly often cause slip-and-fall incidents.
• Hospitals and Aged Care Facilities – Hospitals can be high-risk places for slips and falls due to busy corridors, unattended spillages and medical-related liquids on the floor.

Knowing these high-risk areas can help individuals take precautions and identify potential liability if an accident occurs.

How Much Compensation Can You Get for a Slip And Fall Claim?

Compensation varies depending on factors such as:

• The severity of your injuries
• Medical expenses
• Loss of earnings
• Pain and suffering
• Long-term impact on your life

While minor injuries may result in a small payout, severe cases involving permanent disability can lead to large amounts of compensation.

In Australia, slip and fall claims must be lodged within three years of the accident. However, exceptions apply in some cases. To avoid missing deadlines, it’s best to seek legal advice as soon as possible.

What To Do After a Slip and Fall Accident?

If you’ve had a slip and fall accident, taking the right steps immediately can help with your claim.

Here’s what you should do:

Step 1: Seek Medical Attention

Your health is the priority. Even if you feel fine, some injuries may not be immediately obvious. Visiting a doctor also helps document your injuries, which is crucial evidence for your claim.

Step 2: Report the Incident

Notify the property owner, manager or relevant authority about the accident. If it happened in a shopping centre, supermarket or public area, request an incident report and get a copy for your records.

Step 3: Consult a Public Liability Lawyer

Public liability claims can be complex and having legal assistance increases your chances of a successful outcome. A personal injury lawyer can help assess your case, gather evidence and negotiate a fair settlement.

Step 4: Gather Evidence

Evidence is key to a successful claim. Try to collect:

• Photos of the scene showing the hazard that caused the accident
• Witness statements and their contact details
• Medical reports and bills
• Proof of lost income if you had to take time off work

Step 5: Keep a Record of Expenses

Document all expenses related to your injury, including medical costs, rehabilitation and travel expenses for treatments. If your injury has affected your ability to work, keep records of lost earnings.

How Can a Public Liability Lawyer Help You File a Slip and Fall Claim?

While you can make a claim yourself, hiring a public liability lawyer will significantly improve your chances of success. Lawyers understand the legal process, negotiate with insurers and ensure you get fair compensation.

Once you have all the necessary evidence, these should be your next step to make the claim:

1. Notify the Responsible Party

The lawyer will send a letter of demand to the business, government body or property owner outlining your claim and requesting compensation.

2. Make a Public Liability Claim

Most businesses and public entities have public liability insurance. Their insurer will assess your claim. Your lawyer will provide evidence of:

• How the accident happened
• Your injuries and medical bills
• Any financial loss you’ve suffered because of the accident

3. Accept a Settlement

The insurer may make an offer based on their assessment of your claim. If it’s fair and covers your losses, you can accept. If not, your lawyer can negotiate on your behalf for a better outcome.

4. Go To Court (If Necessary)

If negotiations fail, you may need to go to court. Your lawyer will walk you through the process and represent you to get the best result.

Don’t wait—your health and financial future are worth it. Call Wyatts’ public liability lawyers on 1800 773 880 today to start your claim and get the compensation you’re entitled to.