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All the information you need to start your slip and fall claim. Learn the most common types of injuries, what to do after an accident, and how much compensation you could receive.
Yes, you may have a claim if you’ve been injured because of a slip, trip or fall. While they may not sound serious, slip and falls can cause severe injuries — often requiring medical treatment, time off work, and even surgery.
Some of the most common places slip and falls happen include:
Supermarkets or shops
Carparks
Cafes, restaurants, bars or fast food chains
Gyms or recreational facilities
Footpaths, parks or other public areas
Residential buildings, AirBnBs or other rental properties
You must meet four basic criteria to prove a slip and fall claim. To explain how this works, we’ll use the example of slipping on spilled liquid in a supermarket.
Anyone who occupies a store, building, or other premises has a general duty of care towards people entering the premises. This means they’re legally obligated to ensure the safety and well-being of those individuals while on the premises. For instance, a supermarket owes a duty of care to all its staff and customers.
In slip and fall cases, this means figuring out when the hazard occurred and how long it was left before being cleaned up or repaired. Common hazards include slippery or wet surfaces, uneven or broken steps, torn carpeting, loose tiles and cracks in the footpath.
If the responsible person knew about the hazard and did nothing about it, it’s an open-and-shut case. If they didn’t know about it, you must prove that they ‘ought to have known’. The court looks at all the circumstances of the slip and fall when determining whether a person ‘ought to have known’ about a hazard.
In our supermarket scenario, if a spilled liquid is left unattended for hours and you slip on it while shopping, you may be eligible for compensation. But if you slip on the liquid right after it’s spilled, it will be harder to prove the supermarket has breached its duty of care.
You’ll need to show that your injury was directly caused by the failure to clean up the spill within a reasonable time. This is known as the ‘but for’ test — meaning ‘but for’ the supermarket’s failure, you wouldn’t have slipped and injured yourself.
You must prove that you’ve suffered injury and ‘loss’ because of the accident, such as medical expenses, lost wages, or pain and suffering (the negative impact of the injury on your life).
To win a slip and fall claim, you’ll need strong evidence proving all four criteria. This isn’t always straightforward, as every case is unique.
To give your claim the best chance of success, we recommend speaking to a specialist lawyer before starting your claim. In a free consultation, we’ll determine whether your claim meets the criteria and explain all your entitlements.
Case study: Paul receives $800,000 for Coles carpark slip and fall
Paul severely injured his hip slipping in a wet Coles carpark. He required an urgent hip replacement after the fall, leaving him unable to walk without assistance.
Our safety expert found serious construction defects in the car park, supported by documents showing Coles was aware of the issues.
The case went to trial, with the court ruling in Paul's favour. Coles appealed, but we successfully defended it, resulting in Paul receiving $800,000 in compensation, covering all legal fees.
What evidence do I need to prove my slip and fall claim?
It’s essential to compile strong evidence in support of your slip and fall claim. Not only does this help win your case, but it also ensures you get the maximum possible compensation.
The evidence you should collect includes:
Official accident reports
Photographs of your injury
Photographs of the accident location
Surveillance footage from the accident
Correspondence between yourself and the negligent party
Hospital and treatment records
Witness statements and contact details
Testimony from medical and accident experts
Records of lost wages
Receipts for any expenses related to your injuries
This is by no means a complete list. Our general rule with evidence is ‘more is more’, so you should collect as much evidence as possible. If you’re unsure about the evidence needed for your claim, speak to a lawyer who specialises in slip and fall accidents.
How much compensation will I get for my slip and fall claim?
The compensation you receive is based on the severity of your injury and how it affects your life. Depending on your situation, you could receive compensation for:
Lost income and superannuation: Both past and future.
Care and support: Professional care as well as support from family or friends. This also includes if you can no longer care for a child or other dependent.
Pain and suffering: The effect of the injury on your physical and mental well-being.
Other costs related to your injury: This includes medical expenses, travel, and modifications to your home or vehicle.
In addition to your slip and fall claim, you may also have a Total and Permanent Disability (TPD) claim if your injury prevents you from returning to work. As part of our comprehensive service, we thoroughly assess your situation to identify all potential claims. These additional claims are often worth significantly more than your slip and fall claim alone.
Case study: Vincent gets $700,000 for slip and fall on staircase
After slipping on his apartment stairs and dislodging his hip replacement, Vincent needed immediate surgery and became reliant on family assistance.
Our expert found the staircase unsafe due to missing handrails and uneven steps. With their report, we pursued Vincent's claim in the District Court of NSW.
Despite the complexity and Vincent's worsening condition, we resolved the claim in 10 months, securing $700,000 plus legal costs for Vincent.
What to do after an accident: 4 steps to start your claim
Prioritise medical care: After a slip and fall incident, seek medical attention for all injuries, regardless of severity. Beyond ensuring you get proper treatment, this provides crucial documentation of your injuries.
Report the accident: You must report the accident to the negligent person or organisation. For example, if the incident occurs in a shopping centre, notify the centre management. If it happens on a footpath, file a report with the council. Make sure to keep a record of all communication.
Collect witness statements: It’s important to collect written witness statements as soon as possible. Over time, witnesses’ memories fade and it can be harder to prove your case.
Seek legal advice: Speak to a lawyer to understand your rights. In a free consultation, we’ll assess the other party’s negligence and explain your compensation entitlements. There’s no pressure to continue working with us after this chat. However, if you decide to continue, you’re covered by our genuine No Win No Fee guarantee.
Do time limits apply to slip and fall claims?
Time limits apply to all slip and fall claims. The exact limit depends on the state you live in.
State
Time limit
NSW, VIC, TAS
3 years from when you realise you have a claim
QLD, WA, ACT, NT
3 years of the accident date
SA
3 years of the accident (or realising you have an injury)
Importantly, different time limits apply to minors and those living with disability. For a full breakdown, head to our guide to time limits.
What if I’m outside the time limit?
If you’re already outside the time limit, you still have options — just speak to a specialist lawyer immediately. We can help you find a ‘reasonable excuse’ for the delay and petition the court for a time limit extension.
Reasonable excuses vary depending on your situation and state, but common examples include:
Delayed symptoms: your symptoms did not become noticeable until some time after the accident.
Severity: The severity of your injury wasn’t immediately apparent at the time of the accident.
Material facts: You were unaware of a crucial fact related to your claim until your time limit expired (or had nearly expired). Material facts include not knowing that you’re injured or that the injury was caused by someone else’s negligence.
You can find the complete list of time limit exceptions in our guide to time limits.
How long do slip and fall claims take?
You could receive your compensation in as little as 6 months, but most claims take around 18 months to complete. The exact amount of time is based on the seriousness of your injuries and their effect on your life.
For example, if your injuries are less severe and you recover quickly, your claim could be resolved in a few months. However, if you’re waiting for your injuries to stabilise or your case goes to court, the process can take several years.
Do I need a lawyer for a slip and fall claim?
While you can legally represent yourself, we strongly advise speaking to a lawyer before starting your case. An experienced lawyer removes the stress and confusion from your claim, building a strong case and securing the full compensation you deserve.
On top of this, your lawyer will:
Assess your claim and provide meaningful advice on its value.
Prepare your case to maximise the final compensation payout.
Challenge medical and other information provided by the insurer.
Advise you on the right strategy to progress your claim, especially when the insurer is not offering a fair settlement.
Meet the team
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
Leon Monaco
Managing Partner
English
Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
Thank you for accomplishing so much in such a short time.
Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
Monaco made the process easy for me, I wouldn't have succeeded on my own.
My experience with Monaco has been very good. Having commenced my TPD super claim myself, I soon was overwhelmed by the requirements. Although my claim was pretty small compared to others which make headlines, Monaco offered their services on a no win no fee basis.
Monaco made the process easy even though I have an acquired physical and cognitive disability. The communication was excellent throughout the process which only took about 3 months and they delivered a positive result for me. Without their services, expertise and experience I am sure I would not have succeeded on my own. The fee in the end was as expected for a result that will make a big difference. Thank you to Ben, Ginan and all those who assisted me in this first claim.
Today, after only 8 weeks, I got the best news: my claim was successful!
Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.
Monaco’s have checked in on me on many occasions making sure that I was kept well in the loop during each step.
My TPD claim was lodged 8 weeks ago and today the news I had been waiting for arrived that it had been successful.
I can’t thank the staff at Monaco’s enough for all their expert advice and would highly recommend them to anyone in a heartbeat. The results were above and beyond what I had expected which I solely believe was due to their expertise and experience in this area.
Thank you so much Monaco for making my life that little bit easier.
Monaco's help reduced a 12-month process to just a few months.
My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.
Not only have we had weekly updates and a great team of support, it has been an easy process. When busy or unable to process documentation ourselves they have proceeded on our behalf and what could have been a 12 month process has only taken a few months with their constant drive and assistance along the way. Thank you to the team! You have saved me a lot of lost time and it is worth every penny spent when the amount of stress is taken away.
The bill? Surprisingly reasonable, less than expected.
Sally was very helpful and always kept me up-to-date so if you ever use Monaco Solicitors just make sure you get Sally she’s very good. And the bill was very reasonable I thought it would be higher.
I am forever thankful! God bless you for being there for me whenever I called.
Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.
I was completely surprised and also delighted by the outcome. Thank you so much, Monaco Compensation Lawyers. You changed my life forever; for the better. We were extremely successful and I am forever thankful. God bless this amazing team.
Working with Monaco gives your slip and fall claim the best chance of success. Using proven legal strategies and specialised knowledge, we ensure you receive maximum compensation for your injuries.
We have an extensive network of liability and medical experts who provide independent evidence to strengthen your claim. Since slip and fall cases heavily rely on evidence, this robust expert support is crucial for winning your case.
As the ‘Compensation Law Firm of the Year in Australia 2020’, we are industry leaders with the expertise to prove negligence, even in the most complex situations.
Contact us today for free, comprehensive legal advice. Learn exactly what you’re entitled to and the best approach to maximise your final payout.
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