Slip, trip and fall lawyers in Victoria

Public liability laws hold negligent property owners to account and protect the public’s eligibility to claim compensation for injury in a public or private place due to preventable slips, trips and falls injuries. 

Slips, trips and falls claims in Victoria 

When you’re out and about in Victoria, you have a right to be safe from a preventable slip, trips and fall injury. Property owners have a legal duty of care to all people entering their premises. This includes identifying and addressing risks within a reasonable timeframe. Examples of slips trips and fall risks include: 

• Unattended spills in supermarkets and shopping centres 

• Cracked or uneven public footpaths 

• Poor lighting 

• Poorly maintained floor coverings and stairs (such as in a rental property) 

• Poorly maintained outdoor surfaces or playground equipment 

• Non-compliant pool fencing in a rental property 

• Unattended low-lying obstacles  

What’s needed for a public liability slip and fall claim?  

The most common type of slips, trips and fall injury are musculoskeletal, including fractures, soft tissue, sprains and strains. If you’ve suffered a slips, trips and fall injury in a Victorian public or private place, your public liability lawyers must be able to prove:  

1. Duty of care – The property owner owed you a duty of care (which applies to all customers or visitors entering their premises) 

2. Breach of duty – That duty was breached because the property owner failed to identify and fix (or warn about) a hazard on its property 

3. Causation – The breach directly caused or significantly contributed to the injury, loss or damage you suffered 

To claim pain and suffering’ and ‘general damages’ compensation for injury in a public place, Victorian law requires an injury to be ‘significant’. Claiming general damages is separate from other parts of your slips, trips and fall claim, such as:  

• Medical expenses (past and future) 

• Travel expenses to medical appointments and for treatment of your injuries 

• Loss of earnings or wages 

• Care and assistance you require because of your injury (including unpaid help from family)  

• Care and assistance for your dependents (if you can’t care for them yourself due to your injury) 

What is a ‘significant injury’? 

Under the Wrongs Act 1958 (Vic), an injury is considered ‘significant’ if it reaches minimum assessed impairment levels: 

1. Physical injury (other than spinal injury): More than 5% whole person impairment (i.e. 6% or more) 

2. Psychiatric injury: 10% or more whole person impairment 

3. Spinal injury: 5% or more whole person impairment 

An injury assessment is conducted by an independent medical examiner, accredited under the legislation. Each assessment is made using specific guidelines.   

You may be entitled to claim general damages, in addition to damages for economic loss, medical expenses and care, if:  

• Your ‘significant injury’ meets a whole person impairment threshold, and 

• Your expert public liability lawyers can prove the property owner was negligent (and breached their duty of care to you, in relation to your slips, trips and fall injury) 

Your experienced public liability lawyers will help arrange an independent medical examination as part of the claim process to determine if your injury meets the ‘significant injury’ threshold. 

What is contributory negligence? 

You may be eligible to claim compensation for injury in a public place even if you partially contributed to your injury. Contributory negligence is a legal term which means that any compensation you receive could be reduced according to your percentage of fault. An example might be if you tripped over a low-lying outdoor fixture while walking along, looking at your phone. Your total compensation would be reduced by the amount you’re found to have contributed to your own injury. 

What steps should you take after a slip, trip or fall injury 

If you’ve suffered a slip and fall personal injury in Victoria, it’s important to: 

• Report the incident to the property owner or employees immediately 

• Request an incident report (and a copy of the report) 

• Take photos of the hazard and surrounding area (and of your injuries) 

• Collect witness contact details 

• Seek medical attention, even if the injury seems minor (and request a copy of your medical records) 

• Contact Shine Lawyers for an obligation-free initial appointment with our experienced public liability lawyers as soon as possible 

Time limits to claim compensation for injury in a public place 

Victoria’s public liability laws include strict time limits within which you must claim compensation for injury in a public place, including within: 

• 3 years of the date of your injury 

• 6 years of the date of injury for a child or person with a disability 

Shine Lawyers can help with your slip, trip and fall claim 

It’s always worth speaking with an expert public liability lawyer if you’re injured in a slip, trip or fall. Shine Lawyers offer an obligation-free initial consultation, and our public liability lawyers work on a No Win No Fee* basis.  

An experienced public liability lawyer can advise you on your specific circumstances and, for example: 

• Investigate the incident 

• Request any surveillance footage 

• Obtain medical reports 

• Assess your eligibility for compensation 

• Handle communication with insurers and defendants 

Get in touch with our experienced public liability lawyers or our use our free online claim checker to check your claim eligibility and book an appointment with a slip and fall injury solicitor. 

*Conditions apply.