Slip and Fall Injuries: What Do Public Liability Claims Cover?

Slip-and-fall accidents can arise anytime — during your commute, while running errands or going about your day, and are more common than people realise. While no data is collected on the total volume of public liability claims brought forward before the courts or resolved by way of early settlement, the NSW Parliament did find a 400% increase in public liability insurance premiums resulting from a growing number of claims.

Public liability is a larger issue than most people think. While some incidents cause little more than embarrassment, an accident caused by a slippery floor, obstruction in a walkway, poor lighting, or a damaged environment can pose a real source of harm. Sustaining an injury can impede your ability to work, move freely, and enjoy everyday life after what may have started as a simple misstep.

When you have been injured as a direct result of someone else’s negligence, you have the right to submit a compensation claim to recover damages for injuries that you have sustained and out-of-pocket expenses.

However, navigating the legal process can be fraught with complexity, requiring a clear understanding of what a public liability claim is, what needs to be proven and what compensation can be recovered.

What is a public liability claim? 

Also known as a general liability claim, it refers to the legal responsibility that owners or occupiers of property, including landlords, building operators, government authorities and the like, have to ensure public and private spaces under their control are safe for visitors, customers, and the general public. When the property is not adequately managed, it can result in the infliction of personal injury to such persons who are lawfully, and in some instances unlawfully, present on that property. Whilst a public liability claim can involve several types of legal action, including an assault or injury sustained as a result of an animal attack, slips and falls are the most prevalent type of public liability claim. In Australia, the law relating to a public liability claim is primarily regulated by a combination of common law principles and state and territory legislation, including the Civil Liability Act 2002 in NSW and the Civil Law (Wrongs) Act 2002 in the ACT. Generally, they outline:

• The nature of the duty of care owed by property owners and businesses 

• The standard of care required to prevent foreseeable harm 

• The limitations on damages (e.g., caps on compensation for non-economic loss (pain and suffering for example)) 

Common causes of slip-and-fall accidents 

Incidents can occur anywhere, including, but not limited to, restaurants, shopping centres, short-term accommodation venues, public areas, and in business or government offices. Slip-and-fall accidents can result from:

• Uneven, damaged and wet or slippery surfaces 

• Obstructions and hazards, e.g., abandoned cabling and uncovered ground access points 

• Inadequate signage warning of risks 

• Poor lighting 

• Structural issues, e.g., loose handrails or broken stairs 

• Poor anchoring or installation issues of furniture and other fixtures 

Public liability claims and legal duty of care

Under Australian law, there is an expectation that common and private areas are safe for the public to move freely and safely without hindrance or consequence. Building operators and owners become directly responsible for any slip-and-fall injuries when they fail to identify and rectify hazards that foreseeably could result in personal injury. Building owners and operators and governmental agencies must:

• Post warning signs and provide notice of wet floors and various hazards 

• Quickly clean spills and other obstructions 

• Repair broken pavements, stairs, or handrails 

• Close off areas where maintenance work is carried out 

• Improve lighting where there is poor visibility 

• Install security measures to prevent foreseeable harm 

When a breach of duty of care leads to a public liability claim

A breach of duty of care occurs when a responsible party fails to take all reasonable precautions to prevent foreseeable risks, resulting in an injury to an entrant on that property. For a public liability compensation claim to be successful, the injured party must prove: 

• The property owner or operator owed a duty of care. 

• There was a breach of that duty of care. 

• The breach of the duty of care caused or materially contributed to the injury suffered. 

• The injury was foreseeable. 

How long do you have to make a public liability claim

Generally, in the majority of cases, there are only three years from the date of the injury or accident to lodge a public liability compensation claim. However, in cases where the injury is not immediately apparent, or the availability of a claim was not discoverable, the timeframe may be delayed, and there may be a further period in which the ability to submit a claim is available.

In NSW, for a public liability claim, an application for an extension of time can be made, but there is a ‘long-stop limitation period’ of up to 12 years following the injury, which cannot be extended. The court will only extend time in exceptional circumstances.

If a public liability claim is delayed due to a medical complication, such as a misdiagnosis incorrectly recording the injuries sustained, which results in further and more serious injury, the injured person may also have a medical negligence claim available.

In any case, as there are strict time limits for the lodgment of a public liability claim, it is imperative that you consult an expert public liability lawyer as soon as possible following the accident.

What public liability claims cover

If you have suffered personal injury as a result of a slip and fall or some other type of accident attracting a public liability claim, then you are entitled to recover damages for the following:

• Non-economic loss (pain and suffering) 

• Medical costs — immediately resulting and future 

• Economic, wage and superannuation loss 

• The cost of commercial assistance 

• The cost of any home or motor vehicle modifications 

• An allowance for legal costs 

Steps to Take After a Slip and Fall Accident

If you are the innocent victim of a slip and fall accident in a public place or on private property, then taking proper steps immediately following that accident can strengthen your public liability claim and improve your chances of receiving the maximum compensation to which you are entitled. Here is what you should do:

1. Seek medical attention

Your health needs to be made the top priority. Even if the injuries seem minor at first, you need to seek medical attention as soon as possible — some injuries, such as concussions or soft tissue injuries, may not immediately be apparent but can worsen over time. Any medical records collected serve as crucial evidence linking the injuries to the accident. They are especially important for eliminating disputes where an injury worsens a pre-existing condition.

2. Report the incident 

Property managers and owners will have difficulty in addressing a public liability claim if they are not informed about it. At the earliest opportunity, notify the property owner, business manager, or relevant authority about the accident. If you have experienced a slip-and-fall in a supermarket, shopping centre, or workplace, ensure the incident is recorded in their official incident report log. You should also request a copy of the report for your records.

3. Gather evidence

Evidence can establish negligence in a public liability claim, particularly if the validity or the extent of the injury is disputed. While personal accounts are important to express the effect an injury has had on your quality of life, verifiable records, particularly those collected from third parties, are often considered the best forms of evidence to substantiate the claim — they include:

• Photos and videos: Of your injuries, the hazard and the environment in which they occurred.

• Witness statements: From bystanders who saw the accident happen and its immediate effects. It is also important to collect their contact details in case they are needed to recount the circumstances of your accident.

• CCTV footage: Collect videos from surveillance cameras on the property. If none were installed or were not operating or inactive at the time of the accident, ascertain whether any neighbouring properties have collected any footage. Be quick to enquire whether any evidence such as this exists, as some security systems automatically delete footage after a certain amount of time has passed and if no issues are brought forward to require that footage to be preserved.

• Incident reports: Ascertain any incident reports from the property owner or manager.

4. Keep records of all incurred expenses 

Document all costs or losses associated with your injury, including:

• Medical bills 

• Loss of income and superannuation if you were unable to work 

• Travel costs for medical appointments 

• Pain and suffering details, such as diary entries about your daily struggles and emotional distress. 

5. Avoid making official statements without legal advice 

Be cautious when speaking with any representative of an insurance company, property owners or any other person you do not know or have consulted. Any communication can potentially be used to minimise your public liability compensation claim. Do not admit fault or sign any documents before seeking guidance from an expert public liability compensation lawyer.

6. Consult a public liability lawyer 

A personal injury lawyer can assess your case, determine if negligence was involved, and guide you through the claims process. Like any type of public liability claim, slip and fall accidents can be complicated. A specialised public liability lawyer from Brydens Lawyers can be crucial to ensure you meet legal deadlines, present the best evidence, and receive the maximum compensation you deserve.

How Brydens Lawyers can help with public liability claims after slip and fall accidents 

Submitting a public liability compensation claim can be complex, especially when navigating the legal process, proving negligence and responding to insurance companies who have a vested interest in nullifying your case. Leave it to a professional and expert public liability lawyer who can take you by the hand and guide you through the entire proceedings.

At Brydens Lawyers, we have over 50 years of experience helping clients successfully argue their cases and ensure they receive the total compensation they deserve. Whether you suffered an injury from an accident in a commercial building, public space or private property, our specialised team is adept at assessing each case thoroughly, gathering the best evidence and negotiating with insurers to secure fair settlements for losses, including medical expenses, loss of wages and income, and pain and suffering.

If you are unsure how to proceed after a personal injury suffered as a result of a public liability accident, Brydens Lawyers can help you:

• If you have suffered injury as a result of a slip and fall and do not know if you have a case.

• If you were injured and want a second opinion on advice previously received that you do not have a case.

• If you were previously injured and the damages awarded were inadequate to compensate you for the losses experienced, and you are considering an appeal.

To ensure nothing stops you from prosecuting your rights and submitting a public liability claim for personal injury suffered as a result of a slip and fall, Brydens Lawyers operates under a No-Win, No-Fee* arrangement. This means that you do not have to pay for any legal fees to Brydens Lawyers if you do not win. (*Conditions Apply). 

Wherever you are along the process, our client-first approach ensures you feel supported from your initial consultation through to a settlement or judgment. For expert legal advice you can rely on, make a public liability claim with Brydens Lawyers right away and get the peace of mind and outcome you deserve.