Public Liability Claims - The Walking Disaster
For those who have suffered a slip trip or fall in a public place it truly is very important to obtain independent advice. You may obtain advice quickly and easily at no cost from an injury helpline for example the Australian injury Helpline. An injury helpline offer services that include free information, fact sheets forms and a referral service to recommended no-win-no-fee solicitors.
Where there has been a slip trip or a fall in a public location there's a strong likelihood negligence is involved. Negligence must be clearly proven and established. A strong case will need to be built for the negligence claim or common law claim to be successful.
Here are some Essential things to remember;-
Take pictures of the location. This is critical in showing where and why you slipped. It will be a great help to your solicitor to assist your claim.
After you have taken pictures, you should report the matter to the premises manager. Such as the shopping centre manager or local Council need to be made aware of the injury to forestall any further trip slip and falls from occurring.
Gather as many witnesses as you can and obtain their contact details. Witnesses can prove quite valuable to support your claim.
Gather information on any previous similar incidents in the same place.
Establishing negligence is not easily done and its a lawyers place to examine. An insurance company may also do their own investigation, but with their own interests in mind. An insurer isn't looking to build a case for the injured person but to build a case against a large insurance claim arising.
It is encouraged never to accept an offer of compo from an insurance company until you have received a second opinion first. It's not up to the insurance company to ensure that you get everything to which you are entitled, for this really is the job of your solicitor. As soon as you have accepted an offer of compensation it may possibly mean the end of your respective claim and the end of your legal rights to a future claim.
Your entitlements to compensation in a slip, trip or fall might depend on a number of variables. The key things are;
Where the personal injury took place i.e. which Australian State or Territory
Why the injury happened all the conditions
Whether negligence can be clearly shown
Whether negligence was full or partial
Whether the slip trip or fall happened on the way to or from work
There's a basic duty of care that must be demonstrated to ensure a place is safe for the general public. By law if an occupier or owner of premises is negligent a person is entitled to injury compensation.
Below are some examples of typical public liability claims;
Injuries caused by slips trips and falls on a uneven public footpath
Injuries caused by broken tiles in a public swimming pool
Faulty equipment in a gym
A slip, trip or fall in a supermarket or shopping centre as a result of wet slippery floors
Items falling on people unexpectedly
If you have suffered a slip, trip or fall in a public place it really is ideal to seek professional medical assistance straight away. Even if you dont think your personal injury is too bad. It is wise to seek out medical advice on how to manage your injuries and have you carefully examined by a professional.
by: Roselle Pruna