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Slip &
Falls

Slip & Falls

Brydens Lawyers have prosecuted thousands of claims on behalf of injured persons for compensation arising from a slip and fall or trip and fall accident. 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.

ARE YOU ELIGIBLE
TO MAKE A CLAIM?

Any person who has been assaulted is entitled to make a claim as against the assailant. It does not matter who the assailant is. It may be a family member, a neighbour or a stranger.

Any person who has committed an assault upon another can be held liable under the common law for damages commensurate with the injuries which have been sustained.

WHAT ARE YOU
ABLE TO CLAIM?

In New South Wales intentional torts are limited by s3B of the Civil Liability Act 2002 (NSW). Section 3B(1) states that the Act does not apply to an act which is done by a person with the intent to cause injury or death.

Simply put damages are available for;

  • non-economic loss or damages the pain and suffering;
  • past medical expenses;
  • allows for future medical treatment expenses;
  • past economic loss or wage loss;
  • future economic loss to wage loss or diminution in earning capacity;
  • loss of superannuation benefits commensurate with past economic loss and future economic loss;
  • value of gratuitous or cost of commercial assistance or care provided for the past and for the future;
  • house and/or motor vehicle modifications necessitated by the injuries;
  • an allowance for legal costs.

In circumstances where intent to cause injury can be established there may also be an entitlement to Exemplary and Aggravated Damages.

WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?

Brydens Lawyers should be consulted as soon as practicable following the accident. Once engaged Brydens Lawyers will immediately commence recovery of all relevant evidentiary material. This would include witness statements, photographs, an expert report if required, searches undertaken to confirm the identity of the own and/or occupier of the premises and recovery of medical evidence concerning the injuries. Once there is sufficient evidentiary material available proceedings will be commenced on behalf of the injured person claiming compensation to which they are entitled.

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.

WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?

Brydens Lawyers has prosecuted thousands of claims on behalf of persons who have been injured as a result of a slip and fall or trip and fall that was held by the courts to be the fault of the owner or occupier of the premises where the accident occurred. Such cases include an elderly person slipping on a spillage within a supermarket that should have been detected and cleaned up. Claims also include compensation for injuries sustained as a result of tripping on a raised section of carpet within the common area of a block of units. Brydens Lawyers have also successfully prosecuted a claim for injuries sustained as a result of a trip on a raised tile which had been laid incorrectly.

WHAT IS YOUR
NEXT STEP?

Your next step is to contact Brydens Lawyers. Once you have provided instructions to engage Brydens Lawyers to act on your behalf then there is nothing left for you to do or worry about. Brydens Lawyers will do it all for you. This includes the obtaining of evidence necessary to prove the claim, the prosecution of claim in court and the recovery of compensation to which you are entitled.

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Superannuation, as we know, is a legal obligation on the part of all employers to contribute a minimum percentage of each employee's earnings to a compliant superannuation fund or retirement savings account. Currently the superannuation guarantee contribution rate is 9.5% of a worker’s ordinary time earnings.This rate will increase by 0.5% on 1 July 2021. Further increments will apply annually up until 2025/26 when ultimately the superannuation guarantee rate will be set at 12%.

This of course is good news for all employees. It is however only good news if the superannuation guarantee rate is in fact paid by the employer.

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