Of the different types of accidents that can happen when out in public places, slip and falls are among the most common. Claiming for injuries in these cases falls under a public liability claim.
Slip and fall cases have gained popularity in the news, with massive payouts against well-known supermarkets such as Woolworths or Coles. However, while some big payouts make news headlines, a slip and fall injury case does not need to be big to be worth pursuing.
Whether property is private or public, the occupier or owner has a legal ‘duty of care’ towards people who are likely to use that space, such as visitors and customers.
Common locations of public liability claims include:
- Bike trails
- Rental properties
- Shopping centres
- Car parks
While something as seemingly innocent sounding as ‘slip and fall’ may not seem serious, an unlucky slip and fall can lead to prolonged injuries, expensive medical bills, and extended time off work.
Making a Claim
Everyone’s situation is different, but generally speaking, if you have suffered a slip, trip or fall injury, you may be entitled to make a public liability claim.
A claim for slips, trips and falls compensation generally covers physical and psychological injuries and losses. This includes not just past losses, but also future losses. While it will depend on your situation, examples of costs covered can include:
- Medical and hospital bills
- Loss of work earnings
- Pain and suffering
- Home help received
Your public liability lawyer will need to prove that the owner or company responsible for the area (e.g. the supermarket) had a duty of care and was negligent. Generally, shops and public buildings do have a duty of care to take reasonable steps to ensure you, as an entrant, are not exposed to foreseeable risks of injury.
The simple fact that you incurred an injury within their premises does not automatically give rise to a right to sue, though. There must have been some negligence in that the owner failed to warn of and/or prevent the injury.
Typically, you need to lodge your claim within three years of the date you were injured, but it is better to start the claims process earlier and to get legal advice as soon as possible.
No two cases are the same, so it’s always best to find out if you have a slip, trip or fall compensation claim by consulting an expert in the area of public liability law.
It is best to get a legal opinion before filing a claim. Our personal injury lawyers can help to ensure that your claim has the best chance at fair compensation.
For more information, get in contact with one of our personal injury law experts at email@example.com or via phone on (07) 3009 8444.