Have you ever slipped and fallen in a store and hurt yourself? Did you get the help you needed to recover and the financial compensation you deserved? Did the store staff treat you well, or did they try to worsen your injury? Did they acknowledge their responsibility? Thankfully it’s usually not life-threatening when you slip and fall. However, accidents can still leave you with broken bones, deep cuts, severe bruising, or even internal injuries; for this, you should know all the related rights.
What Are Your Rights?
In Australia, you have the right to sue for damages if someone else’s negligence injures you. This includes slipping on ice or wet floors. If the store had a reasonable amount of time to clean up after the accident, it might be considered their fault that you fell. You can also file a claim against them if they did not have adequate warnings or signs posted in areas where they knew people would be more likely to fall.
The law states that if you are injured in a retail store, the store is liable for any injuries you sustain due to their negligence. In other words, if you slip and fall on a wet floor or crack, and you can prove that the cause of your fall was due to a lack of care on behalf of the store, for example, employees not mopping up water spills, then the store is responsible for any resulting injuries.
When Can You Not Claim Compensation?
If there is no warning sign or hazard notice, the store is liable for any injuries you sustain. But the store may not be liable if there was a warning sign or hazard notice, but you still sustained injuries. But it depends on why they did not put up a sign. They could still be liable if they were aware of the hazard but failed to take reasonable steps to rectify it.
If there were a warning sign or hazard notice, but you were injured by an object other than the sign or notice, for example, if another customer left something on the floor, then you would have no right to claim damages against the store.
How to Claim Your Compensation
If you slip and fall in a store, you may wonder about your rights. Well, here is the good news: in Australia, if you fall on the premises of a shop or commercial establishment, the owner of that establishment may be liable for any injuries you sustain as a result of your accident.
Even if the owner was not negligent and didn’t cause your accident, they could still be held liable for your injuries if it can be demonstrated that there was an obvious danger present on the premises that put people at risk.
If you are injured in a slip and fall accident at a retail store, there are several things that you should know:
1) The first thing to do when slipping and falling is to report it immediately to a manager or security guard or call 911 if necessary. Informing about the accident to the authorities on time will help you strengthen your case.
2) You should always get medical attention if you have been injured in any way by slipping and falling in a store. Seeking medical attention on time is essential for your health to avoid severe circumstances in the future. Plus, the doctor’s report will help you prove the point that you are injured.
3) If possible, take pictures of any damage caused by accident. Taking pictures of your injuries and the surrounding where you fell help your public liability lawyer in Perth know about the store’s negligence.
4) If there were witnesses present at the time of your accident, make sure to ask them for their contact information so that they can be called upon later as witnesses if needed.
5) The store has 30 days to reply to your letter. If they don’t reply within 30 days, they have admitted that it was their fault, and you can take them to court. If they do reply within 30 days, but say that it was not their fault or if they offer a lower amount than you think is fair, then you can take them to court anyway.
6) It is necessary to contact personal injury lawyers in Perth for a better understanding of the case. They will help you in winning the case if it is genuine.
Even if you don’t have any injuries, it is still a good idea to take pictures of the area where you slipped and fell on the floor, the area around it, and any damage that may have been caused. If possible, get a picture of the surrounding area, so the store has no choice but to do something about it. Consulting a lawyer will help you to know all your rights and exercise them properly.