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Proving fault in NSW slip and fall injury claims

In New South Wales, one of the most common reasons for people to file public liability injury claims is when they are hurt in a slip, trip or fall accident in a public space.

In these instances, victims can often receive compensation for their medical expenses, legal fees and even pain and suffering determined by the judge. However, before proceeding with a slip and fall injury claim, it’s best to understand the steps you can take to prove fault in the case.

Whether it’s a slippery floor, a dangerous staircase or an uneven patch of concrete, someone who is injured on these surfaces may be able to claim the property owner was liable if and when an accident occurs. However, there are a number of circumstances in which the cause of the slip or fall was a natural part of the setting. Understanding what these are could help you put together a solid case.

For example, drainage grates are put in the ground with a very specific purpose – you can’t claim it wasn’t meant to be there if you trip and fall on it. However, in this instance, the proof of fault would be found in whether the grate had been installed correctly, or if it had been disturbed in any way that would have caused the accident.

Cases that have a stronger chance of resulting in payment

Property owners do have a duty to keep the public safe. For this reason, it’s best to confront a slip and fall injury claim from the view that the property owner had the ability to make the area safer, but neglected to do so.

In any case, there are a few circumstances that must be true for you to win an injury case. The first is that the owner of the premises or the employer must have caused the spill or worn out spot that directly led to the accident.

Next, the owner or employer must have known about the spot and seen it as a danger, but have neglected to do anything about it. Finally, it must be established that the surface remained a danger only because a “reasonable” person would have taken the steps to make it safer.

Slip and fall injury cases can often be a success, but for the best chance, speak with a compensation lawyer to look at all available options.

© 2014 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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