A slip and fall accident can occur anytime on any property, from the uneven sidewalks to the wet grocery floors.
Not all of them give rise to legal cases or liabilities. But according to experts at lawadvice.com.au, when someone else’s negligence results in injury or suffering for you, you can think of legal claims.
What is Public Liability Law?
Public liability law is the area of law responsible for covering various types of claims that typically arise in public places like sidewalks, supermarkets, or other council property.
Public Liability Law covers various injuries, including neck injuries, back injuries, and hip injuries.
The vital liability questions in these cases are –
- Who are the liable parties (potential)?
- Were the parties negligent for real, or could they have prevented the slip and fall accident?
Another critical factor is defending your claim to ensure that your carelessness did not cause the accident, from the injured person’s perspective in a slip and fall insurance lawsuit or claim.
What is required to Prove Liability in Slip and Fall?
To prove liability in slip and fall accident, one needs to prove the following –
- The party at fault owes a duty or responsibility of care towards you. Such a duty is owed by the property owner or premises occupier towards all they can expect or foresee will enter the property. For example, the court recognises that a supermarket or a sidewalk owes a duty of care towards the customers or commuters.
- The erring party breached that responsibility or duty of care. The court recognises that the public premise or supermarket will take all precautions to ensure the safety of the commuters or customers. When such a practice is breached, it can be constituted as a duty of care breached.
- You suffered a loss or injury because of the breach. This can be an economic loss, damage to property, or psychological or physical loss.
What Should You Do After a Slip and Fall Accident?
You should report the incident to the staff or property owner immediately. Don’t just dust off and limp away or make excuses for your fall. What you say then and there, at the scene, can work against you. So please refrain from making jokes or taking it casually.
Opt for immediate medical care. If an ambulance is not called, you should go to your family doctor or an urgent care clinic. Let your doctor know how, where and when you were injured. It is crucial to establish a link between the slip and fall and your injuries.
If possible, you can also use your phone camera or ask your companion to take a picture of the hazardous situation that led to your fall. If you fall at a business, you should ask to complete an incident report and ask for the contact info of the witnesses.
How Much Is the Public Liability Claim Worth?
You can estimate by adding up the costs like lost wages or medical bills and then multiply by 1 or 5 to account for the suffering or pain. Even though most of the cost is paid by your insurance provider, include the full cost of your medical treatment and costs for replacement services that you had to hire when you could not work.
Also include costs of used-up sick leaves, lost wages, and overtime costs. Keep an injury journal detailing the levels of pain and your inability to perform tasks like walking your dog or holding your baby to account for your pain and suffering.
Very few slip and fall claims go to trial. They are mostly settled out of court. Get legal help if you want to get a clearer picture of what such a claim entails and know how you can be fairly compensated for your suffering.