Slip, Trip & Fall Claims — Compensation for Avoidable Accidents

Liability for a slip and fall depends on who was in control of the premises and what steps they took (or failed to take) to identify and address foreseeable hazards. For commercial premises, this is typically the business occupier or property manager. For footpaths and public spaces, it is often the local council or state government. In a workplace, it may be your employer. In some cases, multiple parties share responsibility — your lawyer will identify all defendants.

If you are physically able to, collect the following evidence at the scene: photographs of the hazard (wet floor, uneven surface, debris), the area generally, and any signage (or absence of signage); get the names and contact details of any witnesses; request that an incident report be completed by staff; and note the time and date precisely. Seek medical attention as soon as possible — your medical records from the day of the incident are important evidence of the injury and its connection to the fall.

You need to prove that the occupier owed you a duty of care, that they breached that duty by failing to identify and address a foreseeable hazard (or by creating it), and that their breach caused your injury and resulting losses. Critical issues in supermarket and retail slip claims often come down to how long the hazard had been present — a hazard that the occupier had sufficient time to discover and remedy is more likely to establish liability than one that arose moments before the fall.

In most Australian states, the limitation period for a personal injury claim is 3 years from the date of the injury (or discoverability). For claims against local councils, many states impose a much shorter notice period — in some cases, 6 months from the date of injury — before legal proceedings can be commenced. Special provisions extend time limits for children and in cases of latent injury. Missing a time limit can permanently extinguish your right to claim.

If you fell at your own workplace, your primary claim is through the workers compensation scheme in your state. Workers compensation provides no-fault benefits for medical treatment and income replacement. In some states, if your employer's negligence contributed significantly to your fall, you may also be able to pursue a common law negligence claim for additional damages (including pain and suffering) once you meet the impairment threshold. A lawyer can advise on both avenues.

The amount of compensation depends on the severity and permanence of your injuries and their impact on your life and capacity to work. Compensation can include: medical and rehabilitation expenses (past and future); lost income (past and future, including superannuation); care and domestic assistance; pain and suffering (subject to thresholds in most states); and out-of-pocket expenses. A fractured wrist may result in a modest claim; a severe spinal injury or head injury can result in a very significant award. A lawyer will provide a realistic assessment after reviewing your medical evidence.