Can You Claim Compensation For Slipping on a Wet Floor?
Wet floor injuries are common, especially in public spaces and buildings. They can happen very easily and cause serious injuries. If you’ve suffered a slip on a wet floor and been injured, you may be entitled to claim compensation. In NSW, compensation can quite easily run into the tens to hundreds of thousands of dollars, so it makes sense to find out how much you can claim.
Injuries from a slip on a wet floor commonly happen in places like:
- Pubs and restaurants – where spillages often occur
- Florists – where there is often water on the floor from flowers
- Supermarkets – which are prone to spillages and dropped food items
- Shopping centres – for example, where floors have been recently mopped
- Office buildings – where wet umbrellas or rain coats can result slippery wet floors
Your rights if you’ve slipped on a wet floor
Instances of slipping on a wet floor fall under public liability law in NSW. If you’ve been injured, you may be able to claim compensation against the relevant public liability insurer. For more information, read our Guide to Public Liability Compensation Claims.
You need to make your claim for compensation within three years from the date of injury (six years if you’re disabled or if the injured person is a minor.) If you weren’t aware of your injury at the time of your accident, the three-year window may begin from the date you became aware of your injury.
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Slip on a wet floor compensation – can I claim?
In Australia, people responsible for public places aren’t automatically liable for wet floor injuries. If you’ve slipped on a wet floor and been injured, your claim is only likely to be successful if these requirements are met:
- It can be proven that the people responsible for the public place or premises knew (or should have known) about the wet floor.
- It can be proven that your slip accident could have been avoided if the people responsible had taken steps to eliminate the slip risk.
- You’ve incurred losses as a result of your wet floor accident, such as time off work, treatment and medical bills.
Here are four questions that you can ask yourself to figure out whether you may have a valid claim for compensation if you’ve slipped on a wet floor:
- Was the accident the result of environmental conditions (e.g. poor lighting)?
- Was the accident caused by a failure to carry out adequate maintenance?
- Were you at fault, either in part or in full, for your accident?
- Did the hazard exist for long enough that it could have been discovered and fixed within a reasonable time?
With so much to consider, it can be difficult to figure out whether you’ve got a strong case on your own. However, an experienced lawyer who specialises in compensation for slipping on a wet floor will be able to assess your case and tell you whether you’ve got a valid claim that’s worth pursuing.
Common injuries caused by slipping on a wet floor
A large number of people who slip and fall on a wet floor sustain nothing more than minor discomfort. However, some falls can result in a great degree of injury, pain, and suffering.
Some examples of common injuries from a slip on a wet floor include:
- Head injuries and concussion
- Cuts and lacerations caused by falling on objects
- Fractures and broken bones, especially to wrists, hands, knees, and ankles
- Bodily bruising and soft tissue damage
How much compensation could I get?
Wet floor injury compensation figures in NSW can quite easily run into the tens to hundreds of thousands of dollars range. Even relatively minor injuries such as fractures can lead to fairly substantial compensation.
The value of your claim and the amount of compensation you’re entitled to depends on more than just negligence. Other factors include the severity of your injuries, the extent of your losses such as medical expenses, whether you were partly at fault for your accident, and the skill and experience of your lawyer. You may also be able to claim for future losses if you’re unable to work.
To maximise your chances of being awarded compensation, it’s important that you talk to an experienced wet floor injury lawyer who can assess your situation and tell you how much compensation you might be able to claim.
For free legal advice or to find out how much you can claim, contact a slip and fall specialist at Law Partners.