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Australia’s #1 plaintiff law firm
No Win, No Fee
Client-focused support
Understanding your slip and fall claim
Under Queensland law, a slip and fall happens when someone slips, trips, or falls because of unsafe conditions on someone else’s property or in a public place.
Slip and fall incidents can happen anywhere, but some common causes include:
- Wet or slippery floors: Spills or recently cleaned floors without proper signage, especially when there is no reasonable system in place for inspection and cleaning.
- Uneven surfaces: Cracked pavements, damaged sidewalks, loose tiles, or uneven carpeting.
- Poor lighting: Insufficient lighting in parking lots, hallways or stairwells.
- Obstacles: Items left on the floor in public places or workplaces.
However, if there were clear warning signs or barriers around the hazard, the claim might not be valid.
How liability is determined
To be eligible for compensation in a slip and fall claim, you must be able to show that another party is liable for the incident. This can be done by assessing the following:
- Duty of care: occupiers must exercise reasonable care to ensure their premises are safe.
- Breach of duty: failure to exercise reasonable care – for example not maintaining the premises in a safe condition or providing adequate warnings – may constitute a breach.
- Causation: there must be a direct link between the breach of duty and your injury.
- Damages: documented injuries and financial losses resulting from the incident.
Contributory Negligence
Contributory Negligence is a key consideration in determining liability. It assesses whether the injured person failed to take reasonable care for their own safety and whether they contributed to the incident or their injuries.
Whether or not there is contributory negligence can affect the amount of compensation an injured person receives, so it’s important to consider this issue as early as possible.
Types of compensation available for victims
Victims of slip and fall incidents may claim various types of compensation, including:
Those injured in slip and fall incidents can claim various types of compensation, including:
- Medical expenses: Costs for hospital stays, surgeries, medication and rehabilitation.
- Lost wages: Compensation for income lost due to inability to work.
- Pain and suffering: Compensation for physical and emotional distress and the impact of the injuries on daily life.
- Future medical care: Anticipated future medical expenses.
- Loss of earning capacity: Compensation for reduced ability to earn in the future.
- Gratuitous Care: Compensation for time taken by others to provide you with care and assistance whilst you recover from your injuries.
Any Questions? Check out FAQ.
Getting started with your claim
What to do immediately after a slip and fall incident
Taking the right steps immediately after a slip and fall incident can significantly impact the success of your claim:
1. Report the incident
2. Seek medical attention
Visit a doctor to assess and document your injuries.
3. Gather evidence
Take photos of the incident scene, gather witness contact information, and obtain copies of any incident reports. Ask that CCTV footage (if any) is retained.
4. Contact a lawyer
Reach out to Maurice Blackburn for a free consultation to discuss your claim.
Our legal services for slip and fall claims
How we support your claim process
At Maurice Blackburn, we understand the stress and uncertainty that come with slip and fall incidents. Our team is here to guide you every step of the way and we are committed to providing compassionate, personalised support throughout the claims process.
No Win, No Fee – our guarantee
At Maurice Blackburn, we offer a No Win, No Fee model, which gives you complete transparency of any additional costs. This means you only pay our legal fees if we win your case.
Free Initial Assessment
We offer a free initial assessment to evaluate your case and determine your eligibility for a claim. During this assessment, we will discuss the details of your incident, review any available evidence, and advise you on the best course of action.
Negotiating with Insurers and Opposing Parties
Our team will handle all communications and negotiations with insurers and opposing parties, ensuring that your rights are protected and that you receive fair compensation.
Maintaining your rights and well-being
At Maurice Blackburn, we understand that filing a slip and fall claim can be stressful. That’s why we believe that maintaining your rights and well-being during the claim process is crucial.
Here are some tips to help you manage stress while we work to secure a successful outcome:
- Protect your privacy: Be cautious about sharing information regarding your claim.
- Seek legal advice: Consult with your lawyer before making any statements or accepting settlements.
- Stay healthy: Maintain a balanced diet, get adequate sleep, and stay physically and mentally active.
Frequently Asked Questions (FAQs)
In Queensland, you generally have three years from the date of the incident to resolve or commence court proceedings for a slip and fall compensation claim. It's important to act quickly to ensure all evidence is preserved and to avoid missing the deadline.
Potential outcomes of your claim can include compensation for:
- Medical costs: Current and future medical expenses.
- Lost wages: Income lost due to an inability to work.
- Pain and suffering: Physical and emotional distress.
- Ongoing support: Support for any long-term complications resulting from the injury.
Most slip and fall claims are settled out of court. However, if a fair settlement cannot be reached, your case may go to court. Maurice Blackburn will represent you throughout the entire process, ensuring your rights are protected.
Our lawyers will work with you through every step of the process
Our team of dedicated public liability lawyers in Brisbane and other offices in QLD has a proven track record of success in slip and fall cases. Our lawyers are experienced and dedicated to achieving the best possible outcomes for our clients.
Contact us today for a confidential, no-obligation consultation.
Need to speak to us sooner? Call us on 1800 111 222
Australia’s #1 plaintiff law firm
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Our team of dedicated public liability lawyers in Brisbane is committed to helping you with your claim.
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Jillian Barrett
Principal Lawyer, Supervising Principal, Work injury, Road injury, Public place injury
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Brisbane, QLD
Ipswich, QLD
North Lakes, QLD
Toowoomba, QLD
Sunshine Coast, QLD
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(07) 3014 5023
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Darren Moore
Special Counsel, Work injury, Public place injury, Road injury
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Brisbane, QLD
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(07) 5430 8708
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Jana Davey
Senior Associate, Work injury, Road injury, Public place injury
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North Lakes, QLD
Brisbane, QLD
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(07) 3016 0313
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Melissa Meyers
Principal Lawyer, Public place injury, Work injury, Road injury
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Brisbane, QLD
Darwin, NT
Rockhampton, QLD
Mackay, QLD
Townsville, QLD
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(07) 4999 3897
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