What Is a Slip, Trip and Fall Claim?
A slip and fall claim, or trip and fall claim, is a type of public liability claim that arises when a person suffers injury due to an unsafe or hazardous condition on someone else's property. This includes incidents on public land, in commercial premises such as shopping centres, in shared building areas, and on private property.
Under the Civil Liability Act 2002 (NSW), property owners and occupiers have a legal obligation to take reasonable steps to keep their premises safe. When they fail to do so, and that failure causes injury, an injured person may be entitled to make a public liability claim for slip and fall compensation.
Brydens Lawyers have prosecuted thousands of claims on behalf of injured persons for compensation arising from slip and fall or trip and fall accidents. Such claims include slipping on a spillage within a shopping centre, tripping on uneven pavers in a common area, slipping on oil which has leaked from a motor car within a car park or tripping on a pipe left protruding from the ground on an industrial worksite.
Engaging an experienced public liability lawyer can significantly improve your prospects of recovering compensation. Most businesses are insured by a public liability insurer, which protects them from compensation or personal injury claims. This is one of the reasons why engaging a personal injury lawyer is highly recommended when making any slip and fall claim.
Common Causes of Slip and Fall Accidents
Slip and fall accidents can happen in a wide range of environments and for many different reasons. Understanding the cause of your accident is an important part of establishing liability in a trip and fall claim. Common causes of slip and fall claims include:
Wet or slippery floors that have not been cordoned off or signposted
Uneven, cracked or raised pavement, tiles or flooring
Poor or insufficient lighting in stairwells, car parks or walkways
Structural hazards such as protruding pipes, loose cables or missing handrails
Spilled liquids or substances left unattended in public or commercial areas
Damaged, worn or incorrectly laid floor coverings such as carpet, mats or tiles
In each case, the critical question is whether the property owner or occupier knew, or reasonably to have known, about the hazard and failed to take appropriate action. This is what distinguishes a legitimate claim from an ordinary accident.
Who Is Responsible for a Slip and Fall Accident in NSW?
Establishing responsibility is central to any trip and fall claim in NSW. Property owners and occupiers owe a duty of care to anyone who lawfully enters their premises. This duty of care requires them to take reasonable precautions to prevent foreseeable harm — including identifying and addressing hazards that could cause a slip, trip or fall.
Where a property owner or occupier breaches that duty of care through negligence — by failing to clean up a spill, repair a damaged surface or adequately light a hazardous area — and that breach directly causes your injury, you may have grounds to make a slip and fall claim for fall injury compensation.
It is important to note that not every accident gives rise to a successful claim. A property owner is not automatically liable simply because an accident occurred on their premises. The key is proving that they owed you a duty of care, that they breached it through negligence, and that their breach caused or contributed to your injury. This is a legal threshold that Brydens Lawyers can help you navigate.
How to Prove a Slip and Fall Claim
To succeed in a slip and fall claim in NSW, you must be able to demonstrate that the property owner or occupier was negligent. The stronger the evidence gathered, the better positioned your claim will be. Key evidence in a slip and fall or trip and fall claim typically includes:
Photographs of the hazard taken at the scene, ideally immediately after the incident
Witness statements from people who saw the accident or were aware of the hazard
An incident report filed with the owner, occupier or manager of the premises
Medical records documenting your injury, treatment and prognosis
Expert reports where the nature or cause of the hazard requires specialist assessment
Once engaged, Brydens Lawyers will immediately begin gathering all relevant evidence in relation to the claim. This will include witness statements, photographs, an expert report (if required), searches undertaken to confirm the identity of the owner/occupier of the premises, and recovery of medical evidence concerning injuries. Once there is sufficient evidence available, proceedings may be commenced on behalf of the injured person to recover compensation to which they may be entitled.
What to Do After a Slip or Fall Accident
The steps you take immediately after a slip, trip or fall accident can have a significant bearing on the outcome of your fall injury compensation claim. If you are injured, you should:
1. Seek medical attention promptly, even if your injury appears minor at first
2. Report the incident to the owner, manager or occupier of the premises and ask that a written incident report be completed
3. Take photographs of the hazard and the surrounding area before conditions are altered
4. Collect the names and contact details of any witnesses present
5. Keep records of all medical treatment, expenses and time off work
6. Contact a slip and fall lawyer as early as possible to protect your legal rights
Do not assume that the property owner or their insurer will acknowledge responsibility voluntarily. Early legal involvement gives you the best chance of preserving evidence and building a strong slip and fall claim.
What Compensation Can You Claim for a Slip and Fall Injury in NSW?
The fall injury compensation available in a successful slip and fall claim will depend on the nature and severity of your injury and its impact on your work, daily life and future. If a public liability claim is successful under the provisions of the Civil Liability Act 2002 (NSW), an injured person may be entitled to recover damages for:
Non-economic loss or damages for pain and suffering;
Past and future economic loss or wage loss (if applicable);
Past and future medical expenses (if applicable);
Non-economic loss or damages for pain and suffering;
Past and future medical expenses (if applicable);
Loss of superannuation benefits commensurate with past economic loss and future economic loss (if applicable);
The value of gratuitous costs or the cost of commercial assistance or care provided for the past and for the future;
Home and/or motor vehicle modifications necessitated by the injuries;
An allowance for legal costs
The Civil Liability Act 2002 (NSW) sets a threshold for non-economic loss claims, meaning that minor injuries may not reach the level required for a pain and suffering award. Your lawyer will assess the circumstances of your trip and fall claim and advise you on the likely range of compensation available.
Time Limits for Slip and Fall Claims in NSW
In NSW, strict time limits apply to slip and fall claims. In most cases, you have three years from the date of the accident to commence legal proceedings. Failing to act within this period can result in the loss of your right to claim, regardless of the merits of your case.
There are limited exceptions — for example, where the injured person is a child or was under a legal disability at the time of the accident — but these are assessed on a case-by-case basis. Seeking legal advice as early as possible after your accident is strongly recommended to ensure your slip and fall claim in NSW is protected.
When to Speak to a Slip and Fall Lawyer
You should consider speaking to a public liability lawyer about a slip and fall claim if:
The property owner, occupier or their insurer is disputing liability
Your claim has been rejected or an inadequate settlement has been offered
You have suffered a serious or ongoing injury as a result of the accident
You are unsure whether you have grounds for a trip and fall claim
You are approaching or concerned about the time limit for making a claim
Brydens Lawyers offer a free*, no-obligation consultation so you can understand your options without any financial commitment upfront. *Conditions apply.
Why Choose Brydens Lawyers for Your Slip and Fall Claim?
Brydens Lawyers are the experts in the recovery of compensation for persons injured as a result of slip and fall or trip and fall accidents. With over 50 years of experience in NSW public liability law, our team has the expertise and resources to pursue your claim effectively:
Extensive experience prosecuting slip and fall claims and trip and fall claims across NSW
Specialist public liability lawyers with a proven record in court and at settlement
Comprehensive evidence management — from scene investigations to expert reports
Skilled negotiation with insurers and opposing legal teams
No Win, No Fee* services - if your slip and fall claim is unsuccessful, you pay nothing. *Conditions apply.
Free* legal advice available at legal centres throughout greater Sydney and regional NSW
Make a Slip and Fall Claim with Brydens Lawyers
Brydens Lawyers are experts in recovering compensation for persons injured in slip, trip and fall accidents. Contact us online or call 1800 848 848 to discuss your claim. For a free*, no-obligation consultation, visit one of our legal centres across Sydney and regional NSW, or book a virtual appointment. Our No-Win, No-Fee* contingency means that if your claim is unsuccessful, you pay nothing. *Conditions apply.
Slip, Trip and Fall Claims FAQs
What is a slip and fall claim?
A slip and fall claim is a type of public liability claim made when someone is injured due to unsafe conditions on public or private property. This can include hazards such as wet floors, uneven surfaces, or poor maintenance. To succeed, the injury must be linked to negligence by the property owner or occupier.
How do I prove a slip and fall claim in NSW?
To prove a slip and fall claim in NSW, you need to show that the property owner owed you a duty of care, breached that duty, and caused your injury. Evidence may include photographs of the hazard, witness statements, incident reports, and medical records.
What compensation can I claim for a slip and fall injury?
Compensation may include medical expenses, lost income, pain and suffering, and ongoing care costs. The amount depends on the severity of your injury and its impact on your life.
How long do I have to make a slip and fall claim in NSW?
In most cases, you have three years from the date of the accident to make a slip and fall claim in NSW. It is important to seek legal advice early to avoid missing deadlines.
What should I do after a slip or fall accident?
You should seek medical attention, report the incident, take photos of the hazard, and gather witness details. Keeping records of treatment and expenses can support your claim.
Can I still claim if I was partly at fault?
Yes, you may still be able to make a slip and fall claim. Compensation may be reduced depending on your level of responsibility, known as contributory negligence.
Do I need a lawyer for a slip and fall claim?
You are not required to have a lawyer, but legal advice can significantly improve your chances of success. A public liability lawyer can help gather evidence, meet procedural deadlines, and manage the claims process on your behalf.
How long does a slip and fall claim take?
The timeframe depends on the complexity of the case. Some slip and fall claims resolve within months, while others take longer if liability is disputed or injuries are severe.
