Many people are unaware that they may be entitled to make a claim for public liability compensation known as a slip and fall claim and this covers a wide variety of circumstances. Many people sustain injury arising from a fall in a supermarket or at someone’s residence and as a consequence are injured. It is important to note that this type of accident can occur in a public place or when visiting private premises or possibly at a friends home when you sustained an injury due to the negligence of the owner of this property. The claim is not brought personally against a person at fault but falls against the public liability insurer for the property. Accordingly, if the owner of the building has adequate insurance for public liability they are not personally held responsible but their insurer will be required to make payments for compensation. These actions can occur in supermarkets, shopping centres, retail centres, footpaths, private residences, schools or in parks or playgrounds and could arise due to wet floor, an unsafe slippery floor or as a result of poor building technique causing an injury to you.
If a claim for compensation is successful you may be entitled to the following:-
- Lump sum compensation for pain and suffering known as general damages;
- Loss of earnings including loss of past and future wage loss and superannuation payments;
- Medical expenses are likely to be incurred for both the past and future;
- Home care costs including any requirements for someone to undertake gardening, domestic cleaning and provide personal care to you if you are incapacitated in any way.& The approximate commercial rate would be in the vicinity of $30.00 per hour.
This area of law is governed by PIPA Personal Injuries Proceedings Act 2002 under Queensland law and there are specific time limits within which to bring an action and this area of law is complex and therefore it is important you obtain legal advice in respect of your personal injury compensation entitlements.