Sustaining a personal injury in a public place like a shopping centre, restaurant or pub can be quite traumatic. If the injury sustained keeps a person out of work and renders it difficult for them to remain active, commencing a slip and fall compensation claim may be essential. If you have been injured in a slip or trip accident, speak to a personal injury lawyer at Owen Hodge.
What are slip and falls?
Public liability claims for slip and falls include, but are not limited to:
- Slip and fall accidents on public property such as footpaths, parks, roads, boat ramps etc;
- Slip and fall accidents in retail premises such as supermarkets or retail outlets;
- Sporting injuries sustained due to faulty or defective sporting equipment or playing surfaces;
- Injuries sustained in public buildings or private premises; and
- Toes whilst using a lift or escalators or stairs etc.
Can you claim compensation for falling?
If you have suffered a slip and fall injury at work or in a public space, you may be entitled to claim.
In such cases, the responsibility of such an injury rests upon the owner of the shopping centre, pub or restaurant or the concerned local authority.
They should ensure safety of the general public from such accidents by adopting appropriate measures to minimise risks. Speak to a compensation lawyer at Owen Hodge to learn about your legal rights and entitlements.
Slip and fall compensation payout & entitlements
If negligence is proved by the person who sustained an injury from a slip, trip or fall in a public place, they are entitled to claim the following:
- Medical expenses including doctor’s fees
- Cost of surgery (if any)
- Nursing and attendant care
- Cost of domestic assistance or
- Compensation from loss of income and earning capacity
How do I claim for a slip and fall?
In order to make a clip and trip claim, the person who has sustained an injury or an accident in a public place owing to slipping or falling should:
- Report the accident. The owner or the concerned person of the business should be notified.
- Lodge a claim with the negligent owner or business insurance company; and
- Seek legal advice from a slip and fall lawyer to be aware of your legal rights and entitlements.
How to prove negligence for a slip and fall injury
However, to establish a claim of compensation, the person must prove a wrongful or negligent act or omission of the other party (the owner or the local authority in this case). This means that the person has to prove that the other party:
- Owed a duty of care to the person; and
- There was a breach in that duty of care.
How long do slip and fall settlements take?
It can take anywhere from months to years to receive a settlement for a slip and fall claim. The reasons for this are varied, but depend on the factors of each specific case, such as negotiation with insurance companies and waiting for the final cost of medical treatment.
A claim for public liability can be brought within 3 years from the date of occurrence of the accident.
Legislation regulating personal injury claims in New South Wales (NSW)
Each state and territory has its own laws that govern one’s right to claim personal injury and public liability compensation. The main compensation claim laws in NSW are:
A claim for personal injury due to slip or fall is governed by the Civil Liability Act 2002.
Public liability claims
If you have suffered an injury in a public space (other than a slip and fall injury), you may be entitled to claim for compensation. You can claim public liability for the following:
- Accidents at private residences;
- Accidents at schools or in parks or playgrounds;
- Injuries due to defective or faulty products;
- Animal attacks;
- Boat accidents; or
- Food poisoning
If you’ve sustained an injury from a slip and fall in a restaurant, shopping centre or other public space, the lawyers at Owen Hodge can assist you. With years of experience and success in slip & fall compensation claims, our experienced compensation lawyers will help you get the compensation you deserve.
Contact our public liability lawyers on 1800 770 780 for an initial consultation.