Suffered A Slip, Trip Or Fall In A Public Place? We will Use Over 35 Years Of Experience To Get You The Best Outcome
What you’ll discover on this page:
Most of these falls occur in a public space and are covered by the laws dealing with public liability claims. The immediate focus with these claims at Henry Carus + Associates is to understand how the accident happened in order to allow us the best opportunity to achieve not only a successful outcome but an outcome that is truly special to the person injured.
As always, we aim to do a comprehensive investigation starting with gathering as much evidence from the injured client directly, then by attending the accident site ASAP (in order to understand what has happened and ensuring that relevant evidence is preserved right from the start with measurements and photographs and if needed even obtaining an expert), then we seek out all witnesses and get their versions of what occurred before their memory fades, and finally by seeking out copies of any reports prepared or CCTV footage retained of the accident from those who are responsible for the accident site.
Through the experience of our Henry Carus, we can easily make a very early assessment of how likely we can win for a client, and many times it will be based on matters we have previously litigated against (either the same defendants or similar defendants). Once we SEE the win, we start to plan out all the likely arguments that will be raised by these defendants to limit their responsibility or shift responsibility to our client and prepare our responses accordingly. This early gathering of evidence and preparation allows us to turn a claim that would have been won with much difficulty into one that our Firm can easily win with a very financially beneficial outcome to our client.
Once the evidence is gathered about fault we turn to the next important issue, which is the extent of the injury or injuries suffered by the client. The law requires us to wait until the injuries are substantially stable in order to assess the extent of the injury or injuries in two ways:
- Whether the injury or injuries will satisfy the definition of a “significant injury” as required by law in order to obtain compensation for pain and suffering damages; and
- The overall impact the injury or injuries will have on the quality of our client’s life, with whatever needs now arise for home assistance, medical care and treatment and any changes in their ability to earn income.
The concept of a “significant injury” is difficult for many to understand and at Henry Carus + Associates we not only take the time to explain this concept but more importantly we take the time to allow our client’s injuries to develop so that we may be able to ascertain if they will meet this definition. The law allows up to 3 years to commence a public liability claim, and although we may move super-fast in gathering evidence about the accident, we are quite willing to allow our clients the time needed to see what will develop from their injuries.
One must keep in mind that the overall extent of compensation is directly related to the seriousness of the injuries suffered and the life-long effect it will have on the client’s quality of life. So, giving TIME after the accident, is often extremely helpful in achieving the best possible outcome for a client.
Maximise Your Compensation For Any Slip or Fall in a Public Place With Our Free Guide
Follow our guide, you will tremendously enhance the opportunity to obtain compensation for any injuries suffered.
Slip, Trip And Fall Accidents Can Be Avoided – Here’s How
Falls in public places are not an inevitable part of life. Many of these accidents could be eliminated if the people responsible for maintaining properties took proper steps to keep their facilities reasonably safe.
Some examples of common slip, trip and fall hazards – and possible preventive steps – include:
- The floors in the lobby of an office building become slick with rainwater brought in by workers and visitors. Placing absorbent doormats at the entry and having cleaners mop up the wet areas could prevent someone from slipping on the wet floor.
- A step in a dimly lit bar causes patrons to trip. This hazard could be avoided by highlighting the step with lights, a sign or some other measure that would call attention to it.
- Uneven pavement on the footpath in front of a shop causes shoppers to stumble. Those responsible for maintaining the paths should monitor their condition and make prompt repairs. Damaged pavement should be marked with signs or other warnings until repairs can be made.
- The deck around a hotel’s swimming pool becomes very slippery when water is splashed from the pool. The hotel owners could install friction strips that would give pedestrians surer footing on the deck.
- A wooden step that leads to the upper level of a building has become rotten and loose, posing a fall hazard. The owners or commercial tenants of the building should monitor the condition of all stairs and make repairs as soon as possible.
- Displays of merchandise in a department store block the aisles and pose a trip hazard. Store managers should make sure that customers can safely navigate the store without stumbling over clutter.
These are just a few examples of the many ways in which a slip, trip or fall accident can happen in a public place in Victoria – and the ways in which such accidents could be avoided. Our Henry Carus has over 35 years of experience with such claims and has an unending list of examples of accidents that could have been avoided had the proper measures been taken.
Who’s Responsible For Slip, Trip And Fall Injuries In Victoria?
Most of the time, it is the responsible party’s insurer that actually pays the claim.
Mary is a lovely and active lady who loves to walk her dogs with her husband.
One morning like any other, they went for a walk together.
As they walked past their neighbours’ property on the way back home, suddenly the front of Mary’s shoe caught something.
The next thing she knew, she fell heavily on the ground.
After the fall, she realised that a steel mesh protruding from the nature strip next…Read Success Story »
Benefits Available To Slip, Trip And Fall Victims In Victoria
Victims of a slip, trip or fall accident in a public place that was caused by someone else’s negligence may be entitled to a range of compensation, such as:
- Hospital bills and other medical expenses, including future costs
- Wages you are unable to earn due to work absences caused by your injuries, both past and future
- The pain, suffering and lost enjoyment of life you endured due to the accident
- The cost of hiring help to assist you with tasks at home that you are unable to perform because of your injuries
Estimated Timeline To Receive Your Compensation After A Slip, Trip And Fall Accident
The legal team at Henry Carus + Associates waste no time getting to work on our clients’ personal injury claims. For us, early evidence is key to the success of these types of cases. So right from the start we will devote a large amount of time to investigating the accident and, more often than not, we will visit the accident site so we can better understand the cause of the accident.
Our clients normally see our Henry Carus at the accident scene as we have found his experience allows us to focus on what evidence is needed to ensure a successful outcome.
In addition to his own observations, we also take a careful and detailed statement from the client and from all witnesses as soon as possible to improve the accuracy of the recollections of those who witnessed the accident. We have seen the disasters of other legal firms seeking to gather evidence from witnesses’ years after an accident has occurred, and we actively work to never to be in that position.
Once we have this vital evidence in our hands, we have a solid base from which we can launch a successful case.
Our first priority is always to make sure that our client receives proper treatment for the injuries suffered in the accident. Once the client’s injuries have stabilised, we typically ask a properly qualified doctor to determine the degree of our client’s permanent impairment as required under the legislation and also ask the same doctor to provide us with a Wrongs Act Certificate. This certificate confirms that a person has suffered a “Significant Injury”, which has a definition in the legislation meaning a total whole person impairment of greater that 5% as measured by a book known as the AMA Guides for Permanent Impairment (4th Edition)
Many times, those responsible forward the claim to their insurance company and the insurance company will try to manage the claim on its own. Unfortunately, we have found in our experience that those working for insurance companies have a limited idea of how much compensation our clients truly deserve, and we seek to move the claim to their insurance lawyers who not only know our Henry Carus well, but also have the experience to properly assess the extent of compensation that should be provided.
The Henry Carus + Associates Difference
For us, obtaining evidence early is key to the success of these types of cases. So right from the start we will devote a large amount of time investigating the accident and, more often than not, we will attend the accident site so we can better understand the cause of the accident.
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