Public Liability

Slips

Slips often occur when there isn’t enough friction or traction between a person’s footwear and the surface they are traversing. Common causes include:

• Water, oil or grease spills
• Highly polished or slippery floors
• Wrong cleaning products used on floors
• Wet surfaces from rain or cleaning

Trips

Trips cause accidents when the person’s foot hits an unseen obstruction or if their foot makes contact with a soft surface and loses their balance or gets caught up in a cord or rope. Common causes include:

• Ropes, cords or objects left by work crews
• Bags, boxes left in aisles after stocking
• Cluttered aisles and lack of space
• Changes to floor covering styles (carpet to tiles)
• Uneven paving stones or broken asphalt
• Loose floor rugs
• Inadequate warning signs for steps and edges

Falls

Falls can occur because of the above-mentioned slips or trips or if the floor or surface a person is stepping onto collapses or moves. This often happens when a person is descending from a height and results in them crashing to the ground, causing serious injury. Common causes include:

• Falling down stairs due to lack of handrails
• Broken or inappropriate steps
• Faulty playground equipment
• Uneven flooring or sloping surfaces
• Poorly maintained surfaces

If you have suffered an injury due to a slip and fall accident, you should:

• Report the incident immediately to the owner or manager or have someone else report it if you are unable
• Seek medical attention for your injuries, even if you think you are ok, still have a checkup
• Document everything:
  • Take photos of the hazard and location
  • Get witness contact details
  • Keep records of the time, date and location of the accident
  • Keep all receipts for medical treatment and expenses
• Contact PK Simpson to begin your slip and fall claim

Don’t ever feel silly because you’ve fallen or tripped. The retail centre or property owner may have been negligent.

If you sustain an injury due to a slip and fall incident taking specific steps to protect your rights and potential legal claim is important.

1. Document the scene and your injuries. Take photographs of the accident scene, paying close attention to hazardous conditions like slippery surfaces or uneven flooring. Also, thoroughly document your health condition, noting any immediate injuries such as pain, swelling, or bruising resulting from slips, trips, and falls.
2. Collect contact information from any witnesses. The statements of witnesses and workers can be valuable for building your case.
3. Report the incident to staff and ensure they create an incident report. This will create a record of the accident and may help you to attain compensation for your injuries.
4. Refrain from making any formal statements or accepting blame. Speaking to a lawyer before making any statements about the accident is important.
5. Consult with a slip-and-fall PK Simpson lawyer. A lawyer can help you understand your legal rights and options and to pursue a claim for compensation.

If your child sustains an injury at school, taking certain steps to ensure their well-being and protect their legal rights is important.

1. Contact the school to inform them of the incident. This will help them to understand the details from their perspective and to take steps to prevent similar accidents from happening in the future.
2. Document the circumstances surrounding the injury. This involves taking detailed photographs of the scene and paying close attention to any hazardous conditions, such as wet floors, uneven edges, or wet areas, that might have played a role in the incident. Additionally, gather comprehensive information about any witnesses or staff members present during the occurrence. This documentation will prove essential when managing slips and falls.
3. Communicate with the school to learn about their procedures for incident reporting and investigation, particularly their process for identifying hazards and implementing preventative measures. Inquire about their use of warning signs in areas prone to hazards, such as wet floors or uneven surfaces, and their protocols for responding to and mitigating such risks. This transparent exchange of information is crucial for preventing serious injury and addressing any concerns promptly and effectively.
4. Consult with a lawyer. We can provide legal guidance and assist in conducting a thorough risk assessment of the incident, evaluating factors that may have contributed to the injury, and determining the school’s potential liability.

If you are involved in an accident that occurs in a  restaurant , shopping centre , supermarket or other premises that you believe may be covered by public and occupiers liability insurance, it is important to protect yourself. You should reach out to a PK Simpson specilaist as soon as possible.

Public and occupier liability is a complex area of law, and it is important to have an experienced lawyer on your side to help you understand your rights and options. A lawyer can also help you to gather evidence and build a strong case.

Here are some examples of accidents that may be covered under public and occupiers liability:

• Slips and falls
• Accidents that occur at school, college, or university
• Recreational accidents
• Sporting or domestic accidents
• Aviation accidents
• Food poisoning
• Animal attacks
• Physical or sexual assault
• Shopping centre accidents
• Accidents in restaurants and cafes

Four Basic Elements Required

Slip and trip claims need to have these 4 basic elements:

1. A duty of care existed on behalf of the negligent person/business and the injured person
2. The negligent person breached their duty of care responsibilities
3. Injury or damage was suffered due to a negligent act or failure to exercise the duty of care
4. A compensation claim for damages is established

You May Be Able to Make a Claim If:

• The fall was due to the failure of the owner of the premises to take reasonable care for your safety whilst on the premises
• You have sustained an injury as a result of the fall

Important: Just because you have slipped and fallen does not entitle you to compensation automatically as your injuries need to be substantial enough to warrant compensation.

If your personal injury lawyer believes your claim is valid you can claim compensation for:

• Loss of earnings
• Loss of support (in the case of a death)
• Past and future medical costs
• Material damages
• Legal, medical or hospital costs
• Pain and suffering

Two Forms of Economic Loss (Damages)

1. Non-economic loss: A lump sum payment for loss of enjoyment of life
2. Economic loss: Payments awarded for loss of income

Damages are to be paid at the end of a claim in a lump sum for both types of loss as determined by a table under the civil liability act.

Average Compensation Amounts

The average slip and trip claims in Australia fall between $40,000 and $100,000 depending on the severity of your injuries.

Although the amount of public and occupiers liability compensation is different from state to state, the severity of the injury that you have suffered is used as a basis on which the level of compensation is based.

For public and occupiers liability claims, you have 3 years to lodge a claim from the date of your accident.

It is vital that you contact a solicitor at PK Simpson as soon as possible. In most cases, slip and fall compensation claims can be settled out of court, without the necessity of attending a hearing.

For more than 45 years our specialist compensation lawyers at PK Simpson have helped injured and ill people in Australia deal with insurance companies and make slip and fall compensation claims.

Expert Legal Team

Our expert personal injury team of lawyers at PK Simpson are specialists in slip and fall compensation claims and have helped many people win lump-sum payouts.

We Fight For Your Rights

Our expert lawyers know exactly what legal elements constitute grounds to make a slip fall compensation claim. We’ll ensure:

• Your claim is properly documented
• All evidence is gathered effectively
• You receive the maximum compensation you deserve
• The process is as stress-free as possible

No Win, No Fee Guarantee

We operate on a no-win, no-fee basis, which means you won’t have to pay any upfront costs. You really have nothing to lose and everything to gain.

7 Out of 10 Clients Are Referred By Current Clients

This testament to our success and client satisfaction speaks volumes about our dedication to achieving the best outcomes for our clients.