Slip & Fall Claims in NSW – What You Need to Know

What You Need to Know About Slip and Fall Claims in NSW

Slip and fall claims (also known as public liability slip and fall claims) in NSW arise when a person suffers injury after slipping, tripping or falling on public or private property due to unsafe conditions.

The owner and/or occupier of public or private property owes a duty of care to all those persons who are lawfully (and in some cases unlawfully) present upon their property. A property owner’s duty of care regarding slip and fall incidents in NSW requires them to take reasonable precautions to prevent foreseeable harm. However, the obligation is not absolute. That is, the owner and/or occupier of premises will not be held liable for all injuries suffered by a person present on their property. It must be established that the injury was caused by, or contributed to by, the negligence of the owner and/or occupier. If this cannot be established, then the owner and/or occupier cannot be held liable for the injuries sustained. Negligence in slip and fall claims in NSW must be proven before any compensation can be awarded.

What is a slip and fall claim?

A slip and fall claim is a type of personal injury claim brought under the public liability law in NSW and largely governed by the provisions of the Civil Liability Act, 2002. These claims commonly occur when a person is injured in a public place or on private property due to hazards such as spillages, uneven surfaces, poor lighting or unsafe flooring.

Many slip and fall claims are prosecuted against grocery stores or shopping centres. The owners and/or occupiers of such premises are burdened with a duty of care to take all reasonable steps to prevent injury or harm to persons present upon their property.

Many cases have been determined by the Court of Appeal to define clearly the nature and extent of the duty of care that is owed by shopping centres and/or grocery store operators. Compensation for a slip and fall claim in NSW can vary depending on the degree of injury and how it has impacted the claimant’s ability to partake in employment and daily activities.

Who owes you a duty of care in a slip or trip incident?

The duty of care is to take all reasonable steps available to the owner and/or occupier to prevent harm. This would include, for example, ensuring that there was a proper system of cleaning devised and instituted to detect and clean up spillages within the shopping centre or grocery store. Property owners, occupiers and managers may be liable for slip and fall accidents if they fail to maintain safe premises or do not implement adequate inspection and cleaning systems.Not all slip and falls that occur due to a spillage on the floor within a grocery store or shopping centre will be found as negligence on the part of an owner or occupier. Let us imagine for a moment that a person is walking through a shopping centre or grocery store, adjacent to a young boy carrying an ice cream. Should the young boy drop the ice cream and the person following almost immediately slip on it and suffers injury, then the Court would not hold the owner and/or operator of the shopping centre liable in negligence. The extremely limited time between the ice cream falling onto the ground and the slipping over by the individual meant that the owner and/or operator of the premises was denied any opportunity to take remedial action by removing the risk posed by the spillage. If, on the other hand, the evidence established that the ice cream had been on the ground for a significant period of time, and that there had not been a proper cleaning system in place that should have ensured the spillage would have been detected and removed, then the court would be likely to hold the owner and/or operator of the store liable in negligence for any injury arising from a fall by a shopper. Not all such claims, however, are as clear-cut.

What evidence is required for a slip and fall claim in NSW?

Some slip and fall cases can arise by reason of a structural defect within the property or even the inherent slipperiness of the floor itself without there being any contaminant present. In those circumstances, it may be necessary to commission an expert’s report from an engineer to determine whether the structural defect and/or the flooring itself complies with all relevant building codes and ordinances. Should such expert evidence establish that there is a breach of a relevant building code and/or ordinance—and that it caused or contributed to the injury—then this would go a long way to satisfying the Court that negligence on the part of the owner and/or occupier of the premises has been established. Depending on the circumstances, evidence required to support a slip and fall claim may include:

• Photographs or video footage of the hazard

• Details of any witnesses and their testimony

• Incident reports made to the property owner or occupier

• Medical records and reports

• Expert evidence, where applicable

What compensation might you be entitled to?

Upon the successful prosecution of a slip and fall claim the injured person would be entitled to recover damages for:

• Non-economic loss (pain and suffering damages) subject to the injured person establishing that the injury equates to at least 15% of a most extreme case

• Past and future medical expenses

• Past and future economic loss

• Past and future domestic assistance and/or care required (subject to certain statutory limitations)

• Allowance for legal costs

What to do after you slip or fall

Immediately following any slip or fall you may have on public property that results in an injury, you should:

• Get medical attention straight away, even if the injury seems minor. Ask for medical notes and keep copies of all records.

• Report the incident immediately to the property owner, manager, or staff on site, and request a written incident report.

• Take photos and videos of the hazard, surrounding area, lighting, signage, footwear, and any visible injuries before conditions change.

• Collect witness details, including names and contact information, and note what they observed.

• Record your own account as soon as possible, including time, location, weather conditions if relelvant, and how the fall occurred.

• Keep all receipts and documents, including medical bills, travel costs, and evidence of time off work.

• Avoid making statements about fault or accepting blame at the scene or on social media.

• Seek legal advice early to understand time limits and whether you may be eligible to make a slip and fall claim in NSW.

Compensation for slip and fall injuries in NSW will depend on the nature and severity of the injury and the impact the injury has had on the injured person’s life and capacity to work.

How long do you have to make a slip and gall claim in NSW?

Strict time limits apply to personal injury and public liability slip and fall claims in NSW. In most cases, court proceedings must be commenced within three years of the date of injury. Failure to act within time can prevent a claim from proceeding.

Why you should speak to Brydens Lawyers early

Brydens Lawyers are experts in the prosecution of all slip and fall claims. If you or someone you know has suffered injury as a result of a fall on public or private property, then contact Brydens Lawyers for a free review of your slip and fall claim.

Strict time limits apply so contact Brydens Lawyers without delay on 1800 848 848. At Brydens Lawyers – #WEDO slip and fall claims in NSW and beyond.