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Public Liability and Slip and Fall Claims

Public Liability and  Slip and Fall Claims

Public Liability Claims, or ‘slip and fall’ as they are often called, are claims for negligence which occur in public areas such as:

  1. Shopping centres;
  2. Hotels; or
  3. Sporting venues.

How to make a successful slip and fall claim?

In order to make a successful claim for public liability, you must prove that:

  1. The owner or occupier of the premises was negligent;
  2. Owed you, as an invitee on the premises, a duty of care;
  3. Breached that duty of care; and
  4. That breach has caused you loss or damage.

How do I know if I have a slip and fall case?

Frequent causes of public liability claims include spilt liquids on floors, unmarked tripping hazards or falling items. Whatever the hazard, if at all possible, it is crucial to photograph the scene as soon as possible after the fall occurs. This should document any warning signs, cones (or lack thereof) and how apparent the hazard was to the naked eye. It is also important to report the incident to a staff member and ensure they complete an incident report.

It is sometimes necessary to obtain a report from an expert engineer, to ascertain whether the owner of the location was indeed at fault, or whether the accident was just an unfortunate circumstance.

How much money will I get?

Once liability has been established, we can then assess the ‘quantum’ or value of your claim. You can receive damages (i.e. money) for:

  1. Pain and suffering;
  2. Economic loss;
  3. Voluntary services (assistance rendered to you by your parents, spouse or children);
  4. Future assistance required around the home; and
  5. Past and future medical expenses.

In order to obtain the necessary information about your claim, it is often necessary to obtain reports from independent medical examiners and other experts. It is also sometimes beneficial to obtain your past medical records, to establish that your current symptoms are purely as a result of the accident.

Why do I need an Adelaide Public Liability Lawyer?

Public Liability claims can be notoriously difficult to prove without legal assistance. It is crucial to ascertain early on in the claim whether the potential defendant is insured, or has the funds to pay for any potential settlement. In addition, not all accidents which occur in public places are claimable. There are certain legislative instruments which prevent claims from being made against certain bodies.

How much time do I have?

Finally, it is crucial to know that these claims must be made within three years of the date of the injury.

If you think you have a potential public liability claim, contact Georgiadis Lawyers to arrange a free first interview and discuss your case.

Summary of what to do if you slip, fall and are injured:

  1. Report the incident to a staff member;
  2. Take photos of the hazard;
  3. If possible, take photos of your injuries, and report the same to your GP; and
  4. Seek legal advice

 

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