How to successfully claim compensation for a slip, trip or fall

If you are suffering from an injury due to a slip, trip or fall, you may have a claim. Chat to one of our public liability lawyers today.

Every year, slips, trips and falls cause thousands of injuries in Australia. According to the Australian Institute of Health and Welfare, falls make up 43% of hospitalised injuries. Despite this, the number of public liability claims over the recent years are quite small. This has led to the belief that many injuries are going unreported due to the perception that injuries from slips, trips and falls may not be ‘worth the fuss’. 

What is public liability insurance?

Public liability insurance is a type of insurance cover taken out by the owners of public places and buildings (including rental properties) to provide insurance in case a death or injury occurs on their property.

Why should I consider making a public liability claim

If you experience an injury as a result of a slip, trip or fall due to the negligence of the owner of the property or building where your accident occurred, there may be compensation available to you.  

For instance, if you suffer an injury due to a slip, trip or fall in a public place that is due to the negligence of the owner of the property or building where the accident occurred, a successful public liability action will enable you to claim:

• Medical treatment for your past and future medical expenses
• Compensation for any monetary losses arising out of time off work as a result of your injury
• Compensation for your pain and suffering
• Compensation for assistance you may have required in the past or in the future for help around your home.

It’s important to dismiss the myth that your injury is not worth considering a public liability claim. Some injuries may appear minor but can take a sudden turn and become more costly to treat than initially thought. 

If you are suffering from an injury due to a slip, trip or fall in a public place, you should consult a public liability lawyer as they will be able to advise whether your claim is worth pursuing. 

It should however be stressed that slip, trip and fall claims are very difficult to prosecute and require significant evidence to establish negligence. You will also need to establish that the owner or organisation knew or ought to have known about the potential hazard and failed to fix the hazard in a timely manner.

How to make a successful public liability claim

To make a successful public liability claim for a slip, trip or fall, there are essentially three elements you need to prove:

• There was a duty by the business, organisation or property owner to protect you from harm
• The business, organisation or property owner failed to meet that duty to protect you from harm
• You sustained an injury as a result of the business, organisation or property owner’s failure to fix the hazard that caused your slip, trip or fall that they knew about or ought to have known about in a timely manner

For a successful claim, it’s important to collect all relevant evidence as soon as possible. A common challenge for public liability claims for slips, trips and falls is lack of evidence. 

Generally, you should ensure you gather the following:

• Photographs of your injury and photographs of the location of where the slip, trip or fall occurred as soon as possible after the accident. The photos should be clear and demonstrate the extent of the hazard. For example, if the trip was the result of an uneven surface, you could use an object such as a coin to demonstrate the depth of the uneven surface in the photo. If the fall was a result of a spillage, you should measure the extent of the spillage and note the colour of the liquid. You should also note the details of the lighting in the area where your slip, trip or fall occurred.
• Keep the shoes you had on at the time of the accident.
• Clearly identify where the accident occurred by noting the exact address and time of the accident. It would also be helpful if you are able to identify who is the organisation or person in charge of the area.
• If you are physically able, note down the names and contact numbers of anyone who comes to your assistance at the time of the accident.
• Report your accident to the relevant authority in writing as soon as possible after the accident and keep a copy of your report. You may wish to consult with a public liability solicitor at this time to ensure the information you provide in your notice of claim is correct.
• Keep any response you may receive from the responsible party.
• Keep a record of any monetary losses including wages or medical expenses and receipts for those expenses.
• Obtain witness statements and also, if possible, obtain full details of any other person who may have sustained an injury as a result of a slip, trip or fall in the same location as your accident. 
• Retain medical records of your injury.
• Keep a diary of events from the time of injury.
• Any other documents or evidence that you think will assist your claim.

Speak to our public liability lawyers

Putting together a public liability claim for an injury from a slip, trip or fall can be both confusing and stressful. The experienced public liability claim team at Masselos & Co can assist you with your claim and bring confidence for success in receiving the compensation you deserve. Contact us today and book your free consultation.