Shopping centres and supermarkets are a necessary part of living, and for that, the space should be a safe environment. The staff and property managers are responsible for ensuring reasonable care and that shoppers are safe from a slip and fall or other accidents.
What should you expect out of making a claim? What types of compensation are you entitled to?
Let’s explore payout expectations for a slip and fall accident in Australia.
What does the court consider a slip and fall?
A slip and fall could occur in any public space from a grocery store to a restaurant. This type of accident falls under a public liability claim, meaning that any public space has an obligation to maintain and manage the public area. If that obligation is not kept up due to negligence, then the management of this space should be held responsible.
Many victims of a slip and fall never make a claim because they are embarrassed that the incident happened. But, these victims could be eligible for medical expenses and economic loss coverage. An unexpected fall could cause serious injury that could prevent you from returning to work and lead to expensive medical bills and recovery treatment. Ask your compensation lawyer for legal advice on how to approach the incident and decide how to approach the claim.
How to file an accident claim
Filing a fall injury claim can be intimidating to do on your own. You have to collect evidence that the injury happened on the premises of a public space and prove that the accident happened because of negligence.
If you live in Victoria, your law professional will likely draw upon the Wrongs Act 2002 (Civil Law) to support your claim. This principal statute governs the personal injury claims made for damages in an injury and wrongful death case.
New South Wales legislation around public spaces falls under the Civil Liability Act 2002 No. 22. This helps support people who suffer damage or injury from others’ negligence and their right to compensation.
Filing in Queensland will pull on the Personal Injuries Proceedings Act QLD 2002 (PIPA). This helps support slip and fall victims in claiming compensation for their injuries if the third party is found responsible.
Before filing a compensation claim, seek medical guidance and advice from a physician and bring your paperwork to your personal injury lawyer at Gerard Malouf & Partners (GMP Law). We will help you in seeking a payout and handle your case.
Compensation payouts in Australia
Typically, the average slip and fall case has the potential to settle with the insurers anywhere up to $180,000, and sometimes more, depending on severity of the case and other factors that include economic and non-economic loss.
Let’s take a look at a real life case below.
Shopping Centre Slip and Fall – Significant Compensation Payout over $100,000
Ms. X was grocery shopping at a centre in the Hills region with her family. She arrived shortly after 5.30 pm. As she was walking along the common area between the various shops, there had been a seepage of water that had flowed out into the walkway area. She slipped and fell heavily on her right-hand side, sustaining a significant injury to her shoulder.
Fortunately for her, our client’s career was not interrupted as a result of her injury.
Our client reported it to centre management. Centre management advised her that a faulty fridge from one of the nearby shops caused the spillage. Centre management dissolved themselves of liability.
Not knowing what to do, our client sought legal advice and subsequently contacted and spoke to Reg Kolokossian of Gerard Malouf & Partners (GMP Law) and an appointment was arranged.
At that appointment, we obtained detailed instructions on what had happened that particular evening. It was clear that the shopping centre themselves were not going to take responsibility. Our initial view was that if there had been a seepage from one of the stores, the shopping centre, their cleaners and/or the store owners would ultimately be responsible.
Together, we pursued a personal injury claim for compensation due to her injuries, the most significant being to her shoulder, which was partially frozen.
We asked the various parties whether they were prepared to admit liability in the matter. Not surprisingly, we received a negative response from all parties. We then commenced court proceedings. Our team obtained medical evidence in support of our client’s injuries. We also carried out investigations and ascertained that the shopping centre had cleaners that should have been in the area.
The centre management was aware of the fault, and it was clear that between the centre management, the cleaners and the shop owners, one of the three parties was either fully responsible or partially responsible.
Commonsense prevailed and all the parties agreed to mediate the matter. Mediation was the favoured position of the law team at GMP Law, who promoted and advocated that the parties proceed swiftly to alleviate any unnecessary court costs and fees.
Our client was very anxious and wary of proceeding to a court hearing. She was grateful that the matter was able to proceed by way of mediation.
The matter finally settled for a figure of more than $100,000 to our client’s satisfaction. The settlement covered the time off she had from work, any future time off for anticipated surgery and the cost.
GMP Law took the case on a no-win no-fee basis. Our client paid at the end of the matter, and our fees were reasonable. In these circumstances, our costs amounted to less than 15% of the total damages she obtained.
The significant savings to Ms. X in terms of costs was achieved by being proactive, aggressively litigating the matter and proceeding to mediation to reduce court fees.
This is the attitude adopted by all solicitors at GMP Law: to minimise the costs to the clients and try to resolve matters early by being proactive and realistic.
Maximise your payout with GMP Law professionals
We are experts in personal injury compensation law. The law professionals at GMP Law will handle your case with care and help to maximise your slip and fall payout. Contact a compensation lawyer today.
