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1. Do this now
- Report your accident to the property owner or a staff member
- Ask for the property's accident book (if they have one) and record the details of your accident
- Get the names and addresses of any witnesses
- Take photographs of the area in which the accident happened
2. Do this later
- After the accident, contact us as soon as possible to discuss whether you should make a public liability claim. There are strict time limits. In many cases, you must start a claim within three years of your accident. Contact us for a free claim assessment.
We'll catch you when you slip and fall
We all depend on the safety of the public places we visit. Most of the time, we don't even consider injury risks when we're out and about. But now and again, things go wrong: accidents happen. Injuries result. And sometimes, they cause us loss. Loss of income. Medical expenses. Even the loss of enjoyment of life.
These injuries can have dire consequences and also affect families and loved ones. A slip and fall claim can help. While nothing can take away the pain and inconvenience of injury, we can help you get your life back on track.
What is a slip and fall claim?
A slip and fall claim is a legal compensation claim. You may decide to make a slip and fall claim if you were injured in a public place and it happened because of the property owner or occupier's negligence. You must be able to show that:
1. The property owner or occupier owed you a duty of care, and
2. They breached their duty; and
3. You experienced loss because you suffered an injury caused by the breach
Loss can be financial (for example, loss of income or medical expenses) or non-financial (for example, loss of enjoyment of life).
What is a public liability claim?
A public liability claim is another name for a slip and fall claim.
Business operators, property owners and other organisations are legally required to exercise reasonable care for your safety while you're on their property. They must ensure that:
· Their properties are reasonably maintained
· Their employees are appropriately trained
· They have policies and procedures in place to provide for your safety
Frequently Asked Questions
What is negligence?
Negligence is a legal term. In slip and fall claims, negligence means that a person or organisation failed to take reasonable care to avoid causing an injury.
How does negligence apply to slip and fall claims?
To make a slip and fall claim, you must be able to show that the property owner or occupier caused your injury by their negligence, including that:
- They owed you a duty of care to provide a reasonable standard of safety
- They breached this duty
- You suffered injury or loss as a result, which the landowner or occupier could have reasonably predicted
For example, let's say you visit a shopping centre. Water is spilled on the floor near the food court. If the shopping centre management doesn't act quickly to clean it up, you may slip, fall and injure yourself if you walk through the water without realising it's there. Arguably, management has breached its duty to provide a safe public area.
How do I make a claim?
As soon as possible after your injury, you should:
· Report your accident to the property landlord or occupier
· If possible, record the details of your accident in the property's accident book (if one exists)
· Collect the names and addresses of any witnesses
· Photograph the scene of the accident
Then get in touch with us for a free claim assessment. Again, we recommend doing this as soon as possible because most slip and fall claims have a time limit. Often, it's three years from the date of the injury. If you haven't claimed within the time limit, there's a high risk that you won't be allowed to claim at all.
When you seek our help, we'll look at all the information, consider your circumstances and give you a thorough evaluation of your chances of success. We'll also discuss all the steps in the claims process and give you appropriate advice, including whether your circumstances are suitable for a no-win-no-fee claim.
What kind of loss do I need to prove?
You can claim different types of compensation, including:
· Loss of present and future income
· Present and future medical expenses
· Present and future care requirements
· Pain and suffering
However, for each type of compensation, you must be able to show evidence to prove your loss. Evidence can take many forms and may include:
· Accident records
· Photographs of the accident site
· Photographs of your injuries
· Medical records
· Doctors' reports
· Witness statements and contact details
· Invoices or receipts for any injury-related medical expenses (or other expenses)
· Proof of income, including wage records and tax returns
· Emails, letters, or other communications between you and the property owner or occupier
Working out what to include and identifying every relevant record can be a complex task, so it's best to seek legal advice from the beginning of your claim.
What can I claim?
When you make a slip and fall claim, you are seeking compensation. Compensation is money paid to you because you were injured and suffered loss. It is frequently paid as a single lump-sum payment.
The amount of compensation that you can claim will depend on many things, including:
- The type of injury
- The seriousness of the injury
- Whether the laws of your State or Territory have any special compensation requirements
- Whether you did anything to contribute to the cause of your injury (this is known as contributory negligence)
You may be able to claim compensation for:
- Loss of income
- Loss of future income
- Medical expenses
- Future medical expenses
- Home care
- Future care
- Pain and suffering
What are the types of slip and fall injuries?
Slip and fall injuries can happen in a range of situations, for example:
· At shopping centres
· On footpaths
· Faulty products
· Sporting accidents
· Schoolyard or classroom accidents
· Injuries at residential rental properties
· Dog attacks
Slip and fall injuries often happen in supermarkets. Claims include:
How can Firths help me?
From the first claim assessment to finalising your claim, we'll work with you to ensure you're supported and informed about the process. We understand that your injury has already caused significant stress and uncertainty. We can help with clear communication, ongoing support and excellent advice.