Shopping centres and supermarkets have a legal obligation to take reasonable precautions to ensure that customers, staff and those who enter their premises taking reasonable care and skill are safe from slip, trip or fall accidents.
Since shopping centres and supermarket owners and operators guarantee the reasonable safety of their premises, if you do have an accident as a result of their negligence you may be entitled to slip and trip claims and Occupier Liability compensation.
Slip, fall, and trip accidents in shopping centres and supermarkets can lead to serious injury, time off work, hospitalisation, surgery and continuing ongoing pain and suffering. Don’t ever feel silly because you’ve fallen or tripped while shopping. The retail centre may have been negligent.
For more than 38 years, PK Simpson lawyers have helped the people of Australia get the slip and fall compensation they are entitled to receive.
PK Simpson lawyers have the skills and experience to make sure your Occupier Liability claim is successful.
What is a slip and fall claim?
A slip, trip or fall can happen anywhere anytime. A slip and fall injury is one where someone slips and falls on a food substance or spills on the floor. These slip and trip claims are most often made against supermarket chains like Woolworths, Aldi and Coles and major shopping centres like Westfields.
Accidents also happen at many other businesses like cafes and restaurants; Starbucks, Gloria Jeans, McDonalds, KFC, Hungry Jacks, department stores; Ikea, David Jones, Bunnings, Big W, Target, and especially in and around food malls located in shopping centres. The most common cause is due to poor cleaning and maintenance by cleaning staff.
Slip and fall injury compensation claim settlement process
If you have suffered an injury due to a slip and fall accident in a shopping centre or supermarket, you should immediately report it to the owner or manager or have someone else report it if you are unable.
Then seek medical attention for your injuries, and even if you think you are ok, still have a checkup and report the incident or accident to your doctor, since some symptoms may take time to appear.
The next step is to contact PK Simpson to begin your slip and fall claim. Our expert lawyers know exactly what legal elements constitute grounds to make a slip fall compensation claim.
Establishing a claim:
slip and trip claims need to have these 4 basic elements:
- A duty of care existed on behalf of the negligent person/ business and the injured person;
- The negligent person breached their duty of care responsibilities;
- Injury or damage was suffered due to a negligent act or failure to exercise the duty of care;
- A compensation claim for damages is established.
Can you make a claim?
You may be able to make a claim if the following applies to your slip, trip and fall accident:
- The fall was due to the failure of the owner of the premises to take reasonable care for your safety whilst on the premises; and
- You have sustained an injury as a result of the fall.
Just because you have slipped and fallen does not entitle you to compensation automatically as your injuries need to be substantial enough to warrant compensation.
If your injuries are not significant it may not be economically viable to make a claim. However, if you have had to take time off work or pay for medical bills then it may be worth pursuing a claim. It’s best to talk to a compensation expert at PK Simpson to find out your rights.
There are time limits for public and occupiers liability claims.
You must lodge your slip fall claim within three from the date of the accident so it is vital that you call us at PK Simpson as soon as possible.
Compensation Claims Costs
At PK Simpson, we charge our clients on a NO WIN, NO FEE basis – and we differ from many competing law firms who pick and choose the cases that are likely to win. We represent anyone who has a viable shopping centre or supermarket fall compensation claim.
No win, no fee means a ‘Conditional Costs Agreement’ is signed where you only pay your solicitor for a successful outcome. The written agreement has to set out what a successful outcome means, be that a settlement or money paid to you, or a judgement in your favour.
Average Compensation Payout Amounts in Australia – Is Making a Claim Worth It?
The average slip and trip claims in Australia fall between $40,000 and $100,000 depending on the severity of your injuries.
Unfortunately, it’s often the elderly who slip, trip, or fall. In such cases, injuries are almost always sustained and a slip fall compensation claim is usually successful. However, younger people also have accidents and this usually prevents them from earning an income over a period of time therefore increasing their lump-sum compensation.
Damages
Three are two forms of economic loss referred to as Damages in negligence claims that can be paid:
- Non-economic loss is a lump sum payment for loss of enjoyment of life
- Economic loss refers to payments awarded for loss of income.
Damages are to be paid at the end of a claim in a lump sum for both types of loss as determined by a table under the civil liability act.
How is a claim finalised?
There are two ways in which negligence claims are finalised in NSW.
- An agreement with the negligent party (99 per cent of claims)
- An Order from the Court
What’s the biggest difference between PK Simpson and other law firms?
We not only get but pay for the best specialist reports to back your slip fall claim to relieve you of any financial strain.
Are there time limits wIth regard to making a claim?
Yes, as a broad rule you should make a claim within three years of the accident/incident date. However, in some cases, it might be possible to claim up to three years from becoming aware of your injury. If you’re a minor or a person with a disability you have six years from the date of injury.
How PK Simpson Lawyers can help – Compensation Experts
Here at PK Simpson, we are a NO WIN – NO FEE practice. We cover all disbursements related to the personal injury claim until your case is won. If your claim is unsuccessful, we foot the bill.
Proving you have a claim is not always straightforward. Negligence law can be complex. We are experts in personal injury Occupiers’ Liability negligence law and committed to helping you overcome insurance companies.
How we win your slip and fall compensation claims
- Building a strong case
- Finding the correct defendant/party(ies) to sue
- Establishing contact with the other party(ies) and negotiating skilfully
- Advising you on whether to accept a slip and fall injury settlement or take your case to trial
- Maximising your compensation with the correct evidence and expert reports
- Drafting legal documents
- Ensuring that you collect your judgment promptly
- Communication with medical professionals and other experts
- Obtaining statements from witnesses
- Communication with insurers and opposing legal teams
We are trained to help slip and fall victims in NSW maximise their compensation. If your goal is to win the maximum slip and fall injury compensation settlement, we can help you!