'Slip and fall'
accident lawyers

How to make a claim if you slip and fall

If you are hurt in a 'slip and fall' accident, you may be able to claim compensation.

We help take the stress out of dealing with lawsuits, particularly where personal injuries are involved and the case is against a large organisation.

Why Maurice Blackburn?

Our personal injury lawyers are renowned for winning cases for the everyday Australian. We also offer 'no win, no fee'* arrangements for these types of public liability cases, which means that you don’t have to pay for our legal services if we don't win.

We have offices in Melbourne, Sydney, Brisbane, Perth, Adelaide and throughout Australia.

Contact us today to find out how we can help.

All you need to know about public liability

You have the right to be safe when you’re in a public place. If you have been hurt as the result of another person or organisation’s negligent behaviour you may be able to make a public liability claim for compensation.

Frequently Asked Questions

Can I make a slip and fall compensation claim?

You may be eligible to claim slip and fall compensation if you have been injured because of the negligence of someone else.

Your slip and fall compensation claim will vary greatly depending on your location and the nature of your injuries. Generally your slip and fall compensation claim will cover things like:

  • medical costs (including past and future costs)
  • lost income (including past and future costs)
  • pain, suffering and loss of enjoyment of life
  • home help and attendant care.

What types of accidents can I make a slip and fall compensation claim for?

The most common types of accidents that you may be able to claim slip and fall compensation for cover:

  • playground and schoolyard accidents
  • slips and falls in supermarkets and other retail outlets
  • injuries on private property, including rental properties
  • injuries caused by animals
  • sporting injuries
  • bicycle accidents that don't involve a vehicle
  • physical assault

Who can I claim slip and fall compensation against?

Anyone who has caused or contributed to your accident or injury may be found legally liable and required to pay compensation. They may even be liable for the actions of others if the location of your accident is under their control.

You can make a slip and fall compensation claim if you can show that:

  • the property owner owed you a duty of care
  • they did not meet that duty (either because of action or inaction)
  • you were hurt and suffered losses as a result

For example, a provider of public transport could be held liable for injuries you may have suffered due to a drunken passenger, or an occupier of a premises (such as a shopping centre) could be held liable for your injuries caused by the actions of other shoppers.

Businesses and other (non domestic) occupiers of premises are required to carry Public liability Insurance. The compensation is actually paid by the insurance company. A person’s own home & contents insurance covers public liability if an accident occurs at a private residence.

Can I represent myself when making a slip and fall compensation claim?

Yes. However, slip and fall compensation law is complicated. Each state and territory has its own laws that apply to public liability claims. Recent changes in the law have made it more difficult to prove negligence if you are injured as a result of an 'obvious hazard'.

It's important to get help from someone who understands the complexities of public liability law, with experience in your area. Maurice Blackburn Lawyers has all the resources and experience that come with being a national firm.

We have a long history of successful cases like these. Contact us today to find out how we can help you.

How do I make a slip and fall compensation claim?

You may be able to make a successful slip and fall compensation claim, if you can prove that:

  • you were owed a duty of care
  • that duty of care was breached
  • it could be predicted that this breach would lead to injury or damage.

Helpful evidence would include records and receipts for medical expenses and any other losses, photos of the injury and accident location, and records of all communications with witnesses and the property owner.

How long do I have to make a slip and fall compensation claim?

Time limits vary under the different state and federal laws. It's important to report your slip and fall injury to the compensation authority as soon as possible, once you've become aware of your injury.

The laws and time limits for filing a claim vary at the state and federal level, so contact a lawyer as soon as possible.

If you think you have a public liability claim, you should:

  • seek medical treatment and tell your doctor how you were injured
  • keep records and receipts for any wages lost and for medical and related expenses, including the dates of medical consultations
  • take photos of the injuries and where you were injured (where possible)

Maurice Blackburn Lawyers offer a free first consultation and case evaluation so you know what to do next. Contact us to discuss your claim.

What settlement can I expect for my slip and fall compensation claim?

Your slip and fall compensation claim may cover:

  • medical costs (including past and future costs)
  • lost income (including past and future costs)
  • pain and suffering
  • suffering and lost enjoyment of life (however, there is a cap on what you can claim for pain and suffering)
  • home help and attendant care

How long does a slip and fall compensation claim take?

Your slip and fall compensation claim and the legal process may take up to several years, especially if you have to wait for injuries to stabilise.

When is duty of care breached?

Individuals and organisations have a 'duty of care' to ensure the safety of those they can reasonably foresee will be on their property. This applies to private and public property.

When the occupier or operator of a space or premises is negligent in their duty to care for your safety in entering and using that space, duty of care may be breached.

What could I be entitled to if duty of care is breached?

You may be entitled to sue the occupier or operator of a space or premises for any accidents or injuries that are caused by their negligent behaviour. This is known as a public liability claim.

No win, no fee*

Our public liability lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

Our fees and agreements

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