Trip Slip Fall Injury Compensation Claim Solicitors
Public Liability Lawyers
If you are injured on somebody else’s premises in a tripping or slipping accident, the occupier of the property may be liable to pay you compensation for your accident. This area of law is known as public liability or occupier’s liability. Our personal injury solicitors can assist you in making a public liability claim, and in most cases, on a No Win No Fee basis. Speak with one of our solicitors today for obligation-free legal advice about your legal rights. Call our legal helpline or complete the Contact Form for legal assistance.
Our public liability solicitors have extensive experience in obtaining compensation for clients who have been injured in trip, slip, fall and other accidents on private and public property including :-
- shopping centres
- sports grounds, courts, arenas and ovals
- playgrounds, parks and gardens
- school yards
- theatres and cinemas
- skating rink
- railway stations
- residential accidents
- construction sites
Types of Accidents
Potential hazards on premises that could result in personal injury from trips. slipsd or falls include :-
- slip and trip hazards (e.g. food or liquid spillages, untidy floors & slippery surfaces)
- falling tree limbs or branches
- exposed wires, electric cables and risk of electrocution
- faulty automatic doors
- poor lighting or no lighting
- uneven or damaged surfaces (e.g. uneven footpaths and paving, torn carpet)
- inadequate signage in car parks
- protruding/sunken drains
- damaged or unstable seating
- overloaded, broken or unstable displays
- shopping trolleys with damaged wheels, handles or wire frames
- stairs (broken steps, slippery surface, lack of handrails)
- escalators with faulty step gaps, comb plates and handrails
- faulty lifts; doors not working properly
- unsafe track and playground equipment
- dog attacks
Types of Injuries
A slip, trip, fall accident can result in a range of physical injuries including :-
- brain injury
- skull fracture
- spinal injury
- bone fractures
- strains and sprains
- internal bleeding
- organ damage
Other types of injuries relating to public liability claims include :-
- burns from electrocution
- wounds from dog attacks
- back injury and other injuries from faulty gym equipment (in this case a product liability claim may be appropriate)
Injuries may be short term or result in long-lasting effects and permanent disabilities. Some people will also suffer from psychological trauma such as depression or anxiety. In severe cases a person may need ongoing medical treatment, nursing care and psychological support. Their ability to work may be affected and they may therefore suffer from loss of income or earning capacity.
Public Liability Law
Occupier’s liability or public liability law is concerned with the liability to compensate persons injured on premises because of the premises' dangerous condition. Public liability law is governed by both legislation and the common law. It is a sub-set of the law of negligence.
An occupier is the person who has occupation or control of the premises. The entrant is the person who enters the property. Under the law of negligence, occupier’s have a duty of care to take care of entrants. The law requires that the occupier must take reasonable care to all entrants of the premises both in respect of the static condition of the premises and activities carried out on the premises. They must protect the entrant from risks of injury which can be foreseen and avoided including tripping and slipping accidents that result in falls.
The factors which the common law takes into account in determining whether an occupier has discharged their duty of care include :-
- the nature of the land or premises entered
- the nature and extent of the danger
The standard of care required will take into account factors such as age, sobriety, the knowledge or familiarity of the danger and/or premises on the part of the occupier and the entrant and the possibility of inadvertent or negligent conduct on the part of entrants.
Legislation in some States lists matters which are relevant in determining whether an occupier has discharged the duty of care. The relevant matters vary but include the circumstances of the entry, the gravity and likelihood of the probable injury, the nature of the premises, the burden on the occupier of eliminating the danger, the age of the entrant and their ability to appreciate the danger. In some jurisdictions, legislative provisions remove liability for harm suffered as a result of an inherent risk, or an obvious risk of a dangerous recreational activity.
To establish a case for compensation, the plaintiff (the injured person) must prove negligence on the part of the defendant (the occupier). This means proving that the occupier owed a duty of care to the entrant; that the occupier breached their duty of care; and as a result the plaintiff has suffered damage.
The amount of compensation that you would be entitled to claim would depend on the severity of your injuries and resulting disabilities. If negligence is proven in a trip, slip, fall claim, you may be able to recover compensation for :-
- medical expenses such a doctor’s fees
- cost of surgery
- cost of medication
- equipment aids
- nursing and attendant care
- cost of domestic assistance
- loss of income
- loss of earning capacity
- pain and suffering
- loss of enjoyment of life
Most public liability claims settle out of court through alternative dispute resolution (such as settlement conferences, mediation or arbitration) without the need to resort to costly litigation.
No Win No Fee Solicitors
Public liability law is a specialist area of personal injury law. A solicitor who specialises in public liability claims is the best person to advise you of your rights to compensation following a tripping or slipping accident. Public liability law is a difficult area, governed by common law and legislation. A specialist solicitor will obtain and review all the necessary evidence in your case and advise you of the likelihood of winning your case and the amount of compensation that you could be awarded.
Before seeing a solicitor you should of course seek medical treatment for your injuries as soon as possible, and advise your treating doctor how you were injured. Keep records and receipts of all of your medical bills and related expenses, and the dates of each of your medical appointments. Take photos of your injuries and of the premises where you were injured (if possible). Gathering this evidence is important whilst it is still available. You may also wish to keep a diary noting any time off work and any assistance you have received with domestic duties (housekeeping, cleaning, gardening) that you are unable to carry out due to your injuries.
Speak with a solicitor as soon as you can after a trip, slip or fall that results in personal injury. Time limits apply in making compensation claims so it is important that get competent legal advice in a timely manner. Failure to do so may mean that you lose your rights to making a compensation claim. It costs you nothing to have a chat with one of our solicitors. If after speaking with one of our public liability solicitors you decide to pursue a compensation claim, you may be eligible for legal representation on a No Win No Fee basis. Contact us today to find out more.
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This information is neither medical advice nor legal advice and it should not be used as a reason to disregard professional advice nor as a reason to delay seeking professional advice. Consideration of this website does not establish any legal relationship. This website does not advertise nor does it provide any services with regard to workers compensation claims in NSW or QLD. This website is not intended for viewing or consideration by residents of Queensland. QLD law prohibits the advertising of personal injury legal services in Queensland. If you were injured in Queensland or if you are a resident of Queensland we are unable to refer you to a legal practitioner. Our legal service is not available for any QLD accident claims or accident claims connected with QLD. The content of this website does not apply to residents of Queensland or to accident claims arising in Queensland nor to accident claims connected with Queensland. This website operates by way of referral and the proprietors are not involved in legal practice. The proprietors may charge a fee to a lawyer receiving instructions in relation to your enquiry which is governed by a separate private agreement between the proprietors of the website and the legal practitioner.