Slip and Fall Accidents & Injury Claims

Falls can happen to anyone. They happen at the supermarket, on a café step, at the footy, or in a shopping centre car park. And when they’re caused by someone else’s failure to keep a space safe, the injuries can change your life. If you’ve been hurt in a slip, trip or fall that wasn’t your fault, you may have the right to claim compensation.

Here’s what you need to know.

Key Takeaways

• Slip and fall injuries are among the most common causes of serious hospitalisation in Australia
• Claims made in Victoria generally fall under Victoria’s public liability framework, governed by the Wrongs Act 1958 (Vic)
• You typically have three years from the date of the incident to start legal proceedings
• Compensation can cover pain and suffering, medical expenses, lost income, and the cost of care
• Contacting a specialist personal injury lawyer early is critical, as evidence can disappear quickly

How Serious Are Slip and Fall Injuries?

More serious than most people realise. Falls are the single biggest cause of injury hospitalisation in Australia. According to the Australian Institute of Health and Welfare (AIHW), in 2023–24 there were 248,211 hospitalisations due to falls, representing 43% of all injury admissions.

The financial toll is equally significant. AIHW data shows that fall injuries cost the Australian health system $5.4 billion in 2023–24, more than any other single condition.

The human cost is even harder to measure. A fractured hip, spinal injury or head trauma often means far more than a stay in hospital.It can mean months of rehabilitation, lasting changes to mobility, time off work and the loss of your independence. We’ve seen this over many years of representing people injured in falls across Melbourne and Victoria.

Where Do Slip and Fall Accidents Happen?

A compensable fall can happen almost anywhere someone else has responsibility for the safety of a floor, surface or space. Common locations include:

• Supermarkets and grocery stores
• Shopping centres
• Restaurants, cafés and pubs
• Public footpaths and council-maintained areas
• Workplaces
• Sporting venues, concert halls and entertainment spaces
• Private residences, including stairs and outdoor areas

The setting determines which legal framework applies and who is responsible. If the fall happened at work, aWorkCover claim is typically the right pathway. For most other locations, the claim would proceed as apublic liability claim under the Wrongs Act 1958 (Vic).

What Does a Venue Have to Do to Keep You Safe?

Property owners and occupiers in Victoria owe a duty of care to anyone who enters their premises. They can’t guarantee a floor is spotless at all times, but they must take reasonable steps to prevent foreseeable hazards.

In practice, that means:

• Having a documented system for regular floor inspections during trading hours
• Following that system consistently, not just having it on paper
• Responding promptly to any spillages, debris or hazardous items on the floor
• Placing appropriate warning signs whenever a floor is being cleaned or is wet
• Using matting in areas prone to rain, or where food or liquids regularly fall
• Packaging high-risk products in a way that reduces the likelihood of them ending up underfoot

Can You Claim If You Were Partly at Fault?

Yes. In Victoria, being partially responsible for a slip or fall doesn’t bar you from claiming; it may just reduce the amount you receive. This is called contributory negligence.

Insurers and defendants commonly allege that the hazard was “there to be seen” and that the injured person wasn’t paying attention. These arguments are usually far weaker than they sound.A spill can blend into the floor, a hazard can sit where a customer’s attention is deliberately drawn elsewhere, and people simply don’t walk with their eyes fixed to the ground. All of these are factors a specialist lawyer can use to push back on unfair contributory negligence allegations.

Don’t assume a partial-fault argument by the insurer means your case isn’t worth pursuing.

What Can You Claim Compensation For?

A successful slip and fall claim in Victoria can provide compensation for:

• Pain and suffering, including the ongoing impact on your enjoyment of life
• Past and future medical expenses (hospital stays, surgery, physiotherapy, medications, aids and equipment)
• Lost income (wages or earnings you’ve lost because of your injury, and future income if your capacity to work is affected)
• Care and assistance (the value of help provided by family members or friends, and the cost of professional care into the future)
• Out-of-pocket expenses (transport to and from medical appointments and other related costs)

What a claim is worth depends on how severe and permanent the injuries are, how much they affect the person’s life and livelihood, and how skilled the legal team is. Under the Wrongs Act 1958 (Vic), claiming compensation for pain and suffering (general damages) requires the injury to meet a threshold of “significant injury”. Your lawyer will assess whether your injury qualifies.

Should You Accept the Insurer’s Early Offer?

In nearly every case, no, at least not until you’ve spoken to a specialist.

Businesses and their insurers sometimes approach injured people early with offers to cover medical costs or provide a modest settlement. These offers are typically a fraction of what an experienced injury lawyer can achieve.

If you’ve been offered anything by an insurance company after a fall, contact our team before you respond.

What Is the Time Limit to Make a Claim?

Under the Limitation of Actions Act 1958 (Vic), you generally have three years from the date of the accident to commence legal proceedings for a public liability claim. Children and people with a disability have a longer period of six years from the date of injury.

If the fall happened in a workplace, separate statutory timeframes apply under Victoria’s WorkCover scheme, and you should seek legal advice as early as possible.

Missing these deadlines can permanently extinguish your right to compensation, regardless of how serious your injuries are. The sooner you contact a lawyer, the better. Evidence in slip-and-fall cases can disappear within days. CCTV footage is overwritten within days, staff memories fade, and cleaning logs can be amended or lost entirely.

Speak With Our Team Today

If you or someone in your family has been seriously injured in a slip, trip or fall in Victoria, contact Henry Carus + Associates as soon as you’re able. Our specialist personal injury lawyers have spent decades on both sides of these claims, so we know what evidence is needed, how insurers think and what your claim is really worth.

We operate on a no-win, no-fee basis. You won’t pay us anything unless we win. And we go a step further with our unique 90-Day Client Satisfaction Guarantee.

If you start your claim with us and, within the first 90 days, you don’t feel confident we’re providing the service, support or representation you deserve, you can choose to leave. There are no legal fees to pay for the work we’ve completed during that time.

It’s our way of giving you confidence that we’ll work tirelessly to earn your trust from day one.

Call us on 03 9001 1318, or contact us online at hcalawyers.com.au/contact. We’re available 7 days a week.

This article is general information only and does not constitute legal advice. If you have been injured, please contact our office to discuss the specific circumstances of your claim.