Written by: Garbis Kolokossian Slip and fall accidents are one of the most common causes of injury in Australia. They happen every day in places like shopping centres, workplaces, public areas, and even private homes. The Australian Institute of Health and Welfare reports that slipping and tripping leads to 43% of all injury-related hospital stays, which shows just how frequent and serious these accidents can be.
If your fall happened because someone didn’t take proper care—for example, by failing to clean up a spill, fix a hazard, or put up a warning sign—you may have the right to make a slip and fall compensation claim.
Knowing your rights, understanding what counts as negligence, and taking the right steps after an accident can have a big impact on your ability to recover fair compensation. This updated December 2025 guide breaks down everything you need to know about slip and fall compensation in Australia.
What is a slip and fall accident?
A slip and fall accident happens when someone loses their footing, trips, or falls because of a hazard on someone else’s property and suffers an injury as a result. These accidents are covered by public liability law, which sets out the responsibility that property owners and occupiers have to keep their premises reasonably safe for visitors, customers, and the general public.
Understanding the differences: Slips, trips and falls
Slips, trips, and falls are often talked about together, but they happen for different reasons. Each can still cause serious injuries that may require medical treatment.
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Slips |
Slips typically occur when there’s insufficient friction between your footwear and the walking surface. Common causes include:
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Trips |
Trips happen when your foot catches on something or encounters an unexpected obstacle in your path. Frequent causes include:
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Falls |
Falls represent the consequence of slips or trips, or can occur independently from heights such as stairs, ladders, or elevated platforms. Falls often result in the most serious injuries, particularly when they involve:
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The exact type of fall usually doesn’t impact whether you can make a claim. What really matters is whether the accident was caused by someone failing to take reasonable care.
Key takeaway
Whether you slipped on a wet floor, tripped over an obstacle, or fell on poorly maintained stairs, your rights don’t change. If the accident happened because the property owner or manager didn’t keep the area safe or warn you about a hazard, you may be able to seek compensation.
Common causes of slip and fall accidents
Slip and fall accidents can happen in many different places and are often caused by various hazards. Understanding the common causes can help you see when negligence may have contributed to your accident.
1. Wet and slippery surfaces
Wet or slippery floors are one of the most common causes of slip and fall injuries. This can include water from spills, leaks, or rain brought in from outside, recently mopped floors, food and drink spills in restaurants or supermarkets, and condensation from refrigeration units in grocery stores. All of these create serious risks.
Property owners are responsible for keeping floors safe. This includes cleaning up spills promptly, putting up warning signs in wet areas, using suitable flooring in places likely to get wet, and having procedures to quickly identify and fix hazards.
2. Uneven surfaces and tripping hazards
Tripping accidents often happen when there are changes in walking surfaces or unexpected obstacles. Common hazards include cracked or uneven pavements, raised edges on carpets or mats, loose or broken floor tiles, potholes in car parks, unmarked steps or level changes, and construction debris in walkways.
Local councils are responsible for keeping public footpaths safe, while property owners must ensure their premises are free from hazards that could cause visitors to trip.
3. Poor lighting and visibility
Poor lighting is a common factor in slip and fall accidents because it makes it harder to see hazards in time. Dim or broken lights in stairwells, dark car parks and walkways, shadows hiding steps or level changes, and poorly lit retail aisles or corridors all increase the risk of accidents.
Property owners should make sure their premises are well-lit, especially in areas with stairs, ramps, or other potential hazards.
4. Inadequate maintenance
Many slip and fall accidents happen because premises are not properly maintained. Hazards can include worn or damaged flooring, broken stair handrails, deteriorating outdoor surfaces, ice or snow that hasn’t been cleared, and unrepaired structural issues. Failing to address these problems can make property owners or managers liable if someone is injured.
5. Missing or inadequate warnings
Even when hazards can’t be removed right away, property owners must warn visitors. Failing to put up “wet floor” signs, not using barriers around dangerous areas, leaving steps or level changes unmarked, or not cordoning off unsafe zones are all examples of breaches of this duty. Such failures can support slip and fall claims.
Real-world example: Trip and fall
In June 2016, our client tripped on the broken concrete around a sinkhole while walking across his driveway, sustaining serious back injuries that later required spinal surgery, as well as psychological distress.
The sinkhole had formed after stormwater pipes were damaged by invasive tree roots from a neighbouring property, causing soil erosion. Despite multiple complaints and inspections, the local council removed the roots and repaired the pipe but never fixed the driveway.
We obtained all relevant documents from the council, which clearly showed they were aware of the hazard but failed to take action, even though repairing it would have been relatively simple and inexpensive. With medical evidence supporting the severity of his injuries, we filed the case in the Supreme Court of NSW. After mediation and settlement discussions, our client received $2,000,000 in compensation.
Where do slip and fall accidents commonly occur?
Slip and fall accidents can happen anywhere, but certain locations see higher incident rates due to high foot traffic, particular hazards, or inadequate maintenance.
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Shopping centres and supermarkets |
Retail environments often experience slip and fall accidents due to high customer traffic, food and drink spills, cleaning during business hours, and busy conditions that make hazards harder to spot. Supermarkets in particular face risks from wet floors near refrigeration units, spills in aisles, broken shopping trolleys, and slippery surfaces at entrances during rainy weather. For example, our client suffered a slip and fall at a Woolworths supermarket in February 2018. She fractured her right fibula and tibia and required a two-stage surgical procedure at Westmead Hospital. Our team investigated the claim and proceedings were commenced in the District Court of NSW. The case ultimately settled for $275,000, covering her future medical costs. |
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Workplaces |
Despite occupational health and safety regulations, workplace slip and fall accidents are still common, especially in industries like construction, manufacturing, hospitality, healthcare, and warehousing. If you are an employee, workplace injuries are usually covered under workers’ compensation rather than public liability law. However, if you are a visitor or customer on someone else’s premises, public liability laws may apply instead. |
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Carparks |
Car parks—such as those at shopping centres, office buildings, and multi-storey complexes—also present unique risks. These include oil or fluid spills, poor drainage that leads to water pooling, inadequate lighting, uneven surfaces, potholes, and painted surfaces that become slippery when wet. For example, Maria’s recent case, which settled for $232,500, involved a black sensor against grey flooring that created a tripping hazard. The poor contrast made the hazard difficult to see, demonstrating how even subtle obstacles can pose serious risks to pedestrians. |
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Restaurants and hospitality venues |
Food service venues carry a higher risk of slip and fall accidents due to food and drink spills, greasy kitchen floors, wet floors from cleaning, crowded conditions, and alcohol consumption affecting coordination. For example, Jennifer’s case, which settled for $242,500, involved a slip on a wet landing outside a local restaurant in Penrith. After a light shower, she slipped backwards on the steps and landed flat on her back, illustrating how everyday surfaces in these venues can quickly become hazardous. |
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Rental properties |
Tenants can be at risk of slip and fall accidents if landlords fail to maintain safe conditions. Common hazards include broken stairs or handrails, damaged flooring, poor lighting in shared areas, water leaks that create slippery surfaces, and structural issues that result in uneven floors. |
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Hotels and resorts |
Guests at hotels and resorts may face slip and fall accidents if the property is not properly maintained. Risks include wet or slippery floors in lobbies, hallways, and bathrooms, poorly lit corridors or stairwells, uneven pool decks or outdoor paths, and damaged flooring in guest rooms or common areas. For example, in April 2019, our client slipped on a wet bathroom floor during a hotel stay, injuring both shoulders and sustaining a full-thickness tear to the right shoulder tendon. The injury kept him from working as a bus driver and limited his ability to enjoy social and recreational activities. Expert inspections confirmed the floor failed slip-resistance tests and the hotel had not properly assessed the risk. Supported by medical evidence, the claim was successfully settled for $235,000. |
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Public spaces |
Local councils bear responsibility for public areas including footpaths with cracked or uneven surfaces, public parks and recreational facilities, council-owned buildings, and public transport facilities. Councils can be held liable when inadequate inspection or maintenance of these areas leads to injuries. |
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What should you do after a slip and fall accident?
Taking appropriate action immediately after a slip and fall accident strengthens any potential compensation claim and protects your health and legal rights.
1. Seek immediate medical attention
Your health takes priority over all other considerations. Even if your injuries seem minor initially, seek medical evaluation as soon as possible. Some serious injuries, including concussions, internal injuries, and fractures, may not produce immediate symptoms, and delayed treatment can both endanger your health and weaken your compensation claim.
Medical records from immediately after your accident provide crucial evidence linking your injuries to the incident and documenting their severity. Insurance companies and courts view gaps between the accident and medical treatment as suggesting injuries weren’t serious or may have been caused by something else.
2. Document the accident scene
If you’re physically able, gather evidence at the location where you fell:
- Photographs and video of the exact hazard that caused your fall, the surrounding area showing context, any warning signs (or their absence), lighting conditions, weather if relevant, and your visible injuries.
- Witness information, including names and contact details of anyone who saw your fall or can describe the conditions. Independent witnesses provide powerful corroboration of your account.
- Incident details noting the exact time, date, and location of your fall, weather and environmental conditions, what you were doing immediately before falling, and how the accident occurred.
This evidence is critical because property owners often repair hazards immediately after learning of accidents, eliminating proof of the dangerous conditions that caused your injury.
3. Report the incident
Formally report your accident to the property owner, business manager, or relevant authority. Request that an incident report be created and obtain a copy for your records. This official documentation establishes that the property owner knew about the incident and creates a record of the hazardous conditions.
For accidents on council property, report the incident to the local council. For workplace incidents, report to your supervisor and follow your employer’s injury reporting procedures.
4. Preserve evidence
Keep everything related to your accident, including clothing and footwear you were wearing, photographs and videos, medical records and bills, witness statements, incident reports, and correspondence with property owners or their insurers. Do not discard anything that might be relevant to proving your case.
5. Avoid giving detailed statements
While you should report the accident, avoid providing detailed written or recorded statements to insurance companies before consulting a lawyer. Insurers may use your words against you, interpreting statements in ways that minimise their liability or suggest you were partially at fault.
6. Consult a slip and fall lawyer
Contact a lawyer specialising in slip and fall cases as soon as possible after your accident.
Early legal advice ensures you take appropriate steps to preserve evidence, understand your rights, and avoid actions that could jeopardise your compensation claim. At GMP Law, our lawyers for slip and fall cases offer free initial consultations and work on a No Win No Fee basis. This helps to eliminate financial barriers to seeking professional guidance.
Expert tip
Even if you’re not certain whether you want to pursue a compensation claim, document everything immediately after your accident. Evidence disappears quickly. Hazards are repaired, memories fade, and witnesses become difficult to locate. Thorough documentation preserves your options and protects your rights, even if you ultimately decide not to make a claim.
How much compensation can you receive for slip and fall injuries?
Compensation for slip and fall injuries vary significantly based on injury severity, impact on your life, and economic losses you’ve suffered. Understanding the factors that influence compensation helps set realistic expectations.
Factors affecting compensation amounts
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Injury severity |
Minor injuries requiring limited treatment result in lower compensation, while serious injuries causing permanent disability, chronic pain, or ongoing impairment result in substantially higher awards. |
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Medical expenses |
Current and future medical costs, including emergency treatment, surgery, physiotherapy, medication, and ongoing care, are fully compensable. |
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Lost income |
Wages lost during recovery and any reduction in future earning capacity due to permanent impairment or disability, significantly increase compensation. |
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Pain and suffering |
The physical pain, emotional distress, and psychological impact of your injuries contribute to non-economic damages. |
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Impact on quality of life |
Compensation accounts for how injuries affect your ability to enjoy life, participate in activities, maintain relationships, and perform daily tasks. |
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Age and circumstances |
Younger victims with longer working lives ahead typically receive higher compensation for lost earning capacity, while elderly victims may receive more for loss of independence. |
Legal insight
Two people with similar injuries may receive different amounts based on their age, occupation, family responsibilities, and individual impacts. An injury preventing a tradesperson from continuing their physically demanding career may result in higher compensation for lost earning capacity than the same injury to an office worker who can return to sedentary work.
Typical compensation ranges
There’s no average slip and fall settlement in Australia. Instead, settlements vary depending on the severity of injuries:
- Moderate injuries, such as fractures or significant soft tissue damage, can settle for between $100,000 and $200,000.
- More serious injuries, including severe fractures, spinal injuries, or permanent impairment, typically result in settlements between $200,000 and over $500,000, reflecting the greater impact on daily life and ongoing medical needs. As seen in cases like Jennifer’s slip outside a restaurant or Maria’s tripping accident.
- Catastrophic injuries, such as total and permanent disability, severe brain injury, or lifelong care requirements, can exceed $1 million, as demonstrated by the case of our client who fell due to a council-managed sinkhole and received $2 million in compensation.
Components of compensation
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Economic losses |
Including medical and hospital expenses, pharmaceutical costs, physiotherapy and rehabilitation, travel to medical appointments, lost wages and superannuation, future medical expenses, reduced earning capacity, and domestic assistance costs. |
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Non-economic losses |
Including pain and suffering, loss of enjoyment of life, psychological trauma and distress, permanent disability or impairment, scarring and disfigurement, and loss of amenities of life. |
Find out how much you can claim today
Proving your slip and fall claim
To succeed in claiming compensation for a slip and fall accident, you must show that the property owner’s negligence caused your injuries.
Key elements include:
- Duty of care: The property owner owed you a legal obligation to maintain reasonably safe premises.
- Breach of duty: The owner failed to exercise reasonable care (e.g., not cleaning spills, repairing hazards, or warning of dangers).
- Causation: The breach directly caused your fall and injuries.
- Damages: You suffered losses such as medical expenses, lost income, pain and suffering, or other harm.
Evidence that strengthens your claim
- Photos showing the hazard, location, context, and lack of warnings
- Witness statements corroborating your account
- Incident reports by property owners or managers
- Maintenance records showing prior knowledge or inspections
- Previous incident reports demonstrating recurring hazards
- Medical records linking injuries to the fall
- Expert testimony from safety, engineering, or medical specialists.
Defences property owners may raise
Understanding common defences helps you anticipate challenges to your claim:
- Open and obvious danger: Even obvious hazards may still create liability.
- Adequate warning: Signs or barriers may not eliminate responsibility if hazard removal was possible.
- Contributory negligence: Your actions may reduce compensation but rarely eliminate a claim.
- No notice of hazard: Owners may claim they weren’t aware, but failure to inspect or long-standing hazards can still lead to liability.
Time limits for slip and fall claims
Strict time limits apply to slip and fall claims in Australia. Acting promptly is critical to protecting your rights.
Limitation periods by state
Most states and territories generally allow three years from the date of the accident or when you became aware that your injury was caused by someone else’s negligence:
- NSW: Three years from injury date or date of discoverability
- Victoria: Three years (court may extend in exceptional cases)
- Queensland: Three years from cause of action or discoverability
- WA: Three years from cause of action or discoverability
- SA: Three years from awareness of injury and negligence
- Tasmania: Three years from cause of action
- NT: three years from cause of action
- ACT: Three years from awareness of injury and causal connection.
These deadlines are strictly enforced, and missing them usually prevents you from claiming, no matter how strong your case. However, exceptions are possible. For example, Nick slipped on a puddle in his local shopping centre in February 2020 and contacted us two months after the limitation period had expired; our team acted quickly and successfully secured $250,000 in compensation. His case shows that even claims outside the standard time limits may still be pursued with the right legal strategy.
Why you should act promptly
Even if you’re within the limitation period, delays create practical challenges. Evidence deteriorates or disappears, hazards are repaired eliminating proof of dangerous conditions, witnesses become harder to locate and their memories fade, and your credibility may be questioned if you waited years before pursuing compensation.
Starting your claim early also gives your public liability lawyer adequate time to investigate thoroughly, gather compelling evidence, and negotiate from a position of strength before the limitation deadline creates pressure.
