Slip and Fall Injury: Public Liability Claim Guide

Sustaining an injury in a public place can be both uncomfortable and stressful. With many years of experience assisting injured individuals through public liability claims, the Brave Legal team is committed to helping you move forward after your injury.

What is a public liability claim?

If you have been injured in a public place, through no fault of your own, you may be entitled to pursue a public liability claim. Public liability covers public and privately owned spaces such as shopping centres and supermarkets to rental properties.

Victorian public liability claims are governed by the Wrongs Act 1958 (Vic).

What is an example of a public liability claim?

A slip and fall at your local supermarket, an injury sustained at a public playground or being at the receiving end of a dog bite are all examples of a public liability claim.

The term public liability generally refers to legal responsibility for injuries suffered by the public because of negligence.

Who is entitled to make a public liability claim?

Anyone who has been injured in a public or private space is entitled to make a public liability claim. However, you must be able to prove that you have suffered a significant injury and establish negligence, that is, that your injuries were caused by another party’s fault.

Where do public liability claims apply?

Public liability claims can be made for injuries sustained in the following:

• Shopping centres
• Parks
• Rental properties, including Airbnb’s
• Restaurants
• Bublic footpaths

What happens if I have a slip and fall at work?

If you have sustained an injury because of a slip and fall at work, you should lodge a WorkCover claim. This is because the WorkCover scheme provides compensation and support to workers who suffer injuries arising out of or in the course of their employment.

For more information, please visit our WorkCover Claim Guide.

What is a significant injury?

To pursue a claim for non-economic loss of damages (pain and suffering damages), you must establish that you have suffered a significant injury.

Obtaining this evidence requires an independent assessment in accordance with the relevant guidelines. These independent assessments are performed by a qualified medical specialist (e.g. a psychiatrist for any psychological/psychiatric injuries).

To successfully pursue a public liability claim, you must meet the minimum threshold levels:

• 5% whole person impairment or more for spinal injuries;
• 6% whole person impairment or more for physical injuries other than a spinal injury (this includes scarring);
• 10% whole person impairment or more for physical and psychological/psychiatric injuries.

If you meet either of the above whole person impairment percentages, you will be considered to have sustained a significant injury.

Who is liable for negligence for a slip and fall accident?

The owner or occupier, or any person or organisation who had control of the property is liable for public liability claims, provided that you can establish that they were negligent and failed to take reasonable care. Liability may also be shared amongst multiple parties.

How do I prove negligence in a public liability claim?

To succeed, you need to prove the following:

1. Duty of care – the person or organisation in control of the area/space owed you a duty of care to take reasonable care to avoid causing you injury;
2. Breach of duty of care – the person or organisation in control of the area/space breached that duty of care;
3. Causation – the breach of duty of the person or organisation in control of the area/space caused you to suffer an injury or loss.

What will I be entitled to in a slip and fall compensation claim?

Compensation (also known as damages) in a slip and fall incident may entitle you to claim:

• General damages – this is also known as pain and suffering damages and refers to the loss of enjoyment of life
• Economic loss damages – damages for any economic loss including medical expenses, loss of earnings and any other financial loss incurred as a result of the injuries sustained
• Gratuitous care damages – damages for the care family or friends have provided to you gratuitously (voluntarily)

How long do public liability claims take?

This will depend on the complexity of the case, the evidence that is obtained and available, and the number of parties involved. Some public liability claims can be resolved informally, while others may require court proceedings to be commenced.

Are there time limits for making a public liability claim?

Adults have three years from the date of injury to pursue a public liability claim, while children and people under a disability have six years.

Immediate steps after a slip and fall injury

If you have been injured in a slip and fall incident, we recommend taking the following steps:

• Seek medical attention;
• Report the incident;
• Document the incident and keep any photographs, videos, names of witnesses or other documents and information relating to the scene and incident itself;
• Seek legal advice from a public liability lawyer.

The claims process: step by step

If you can establish that you have suffered a significant injury and negligence, your claim may look something like this:

1. Discuss your incident with a public liability lawyer and provide them with all relevant documentation. Ensure you do this before the deadline (three years to bring a claim for adults, and six years for children and people under a disability).
2. If your injuries have not yet stabilised, wait approximately six to 12 months from the date of injury to stabilise. Stability will also depend on whether you have any upcoming treatment such as surgery.
3. Once your injuries have stabilised, attend an assessment with an independent medical examiner to determine whether you have suffered a significant injury.
4. If you have suffered a significant injury, your public liability claim will be formally commenced by service of ‘Prescribed Information’ on the Respondent/s. Prescribed Information addresses key medical and factual details that must be provided to a Respondent when seeking general damages (also known as pain and suffering damages).
5. The Respondent has 60 days from the date they are served with the Prescribed Information to refer the medical question of your assessment (that is, your significant injury assessment) to the Medical Panel. A Medical Panel is an independent body that provides legally binding opinions and determinations. It is entirely up to the Respondent whether they choose to refer the matter to the Medical Panel.
6. If the Medical Panel determines that you have suffered a significant injury, you will then proceed to either pre-litigation or litigation processes.

How can a personal injury lawyer help?

At Brave Legal, we specialise in public liability claims and are here to guide you through every step of the process. From advising you on whether you are likely to meet the significant injury threshold, to obtaining the right evidence and potentially negotiating a settlement of your claim, we can advise you on every aspect. It is important to speak to a lawyer about a potential public liability claim to ensure you are informed of all your rights and entitlements.

It can be stressful knowing what to do after a slip and fall injury, and our experienced public liability team is here to provide advice and support.

For a confidential discussion about your injury, please contact Brave Legal on 03 9070 9816.