A slip and fall accident can happen anywhere. You may not realise that any danger is present as you walk through a public place. Falls can be caused by loose gravel, water, ice, structural damage, and other hazardous conditions. While it sounds like no big deal to many, this type of accident ranks second in accidental death causes for individuals between the ages of 45 and 75. 11% of deaths in Australia in 2011 were caused by falls. New South Wales was the worst, with 69 fatalities that year.
Those that do not die may find themselves with one of many life-changing injuries. The most common non-fatal fall-related injuries include cuts, bruises, dislocations, fractures, and musculoskeletal damage.
What Can You Do If You Suffer a Slip & Fall Injury?
If you suffer a slip and fall injury, you may have options that could help you get compensation. Accidents that happen in public places due to the negligence or actions of someone else are eligible for public place accident claims. This type of claim is made against the property owner or occupier. You will be required to prove that the owner or occupier either caused the accident or did not take reasonable steps to prevent it.
There is a duty of care that outlines the responsibility of a property owner or occupier when it comes to maintaining safety in and around their buildings. There are a number of factors that, if left unaddressed, could cause an injury. Those include
- Slippery surfaces
- Spills on floors
- Poorly maintained handrails & stairs
- Missing handrails
- Uneven floors
- Abrupt changes in floor covering
- Little or no lighting
If any of these conditions exist, then the property owner or occupier may be held responsible for your injury.
Slip & Fall Injury Claims
If you are injured, you will be expected to prove one of two things:
The owner/occupier did not take action that they should have to identify and repair or clean the hazard. The court will also review how long the hazard was present to determine if the at-fault party had enough time to take action prior to the incident.
The owner/occupier was the cause of a hazardous situation that caused the accident. It must be proven that they could have reasonable foreseen the event. The court will also review what could have been done to limit or remove the danger through preventative measures.
Slip & Fall Claim Payments
The amount paid for a slip and fall injury claim will vary. A number of factors will be reviewed to come up with the compensation amount. These factors include:
- Pain & suffering
- Lost income & superannuation funds
- All expenses already paid out
- Loss of future income & superfunds
- Future costs related to the accident
Everyone should be diligent when it comes to preventing an accident. A slip and fall can completely change someone’s life. By taking reasonable safety measures, you may be able to prevent severe injury or even death.
If you’ve slipped and fallen and are in need of worker compensation, talk to Carew Lawyers.