NSW Slip And Fall Lawyers.
Can you claim compensation for a slip and fall in NSW? Yes — if the occupier of the premises breached their duty of care under the Civil Liability Act 2002 (NSW) and that breach caused your fall. You have 3 years from the date of injury to commence court proceedings, but CCTV footage is overwritten within days, making the first week your real deadline. Claims run on a No Win, No Fee basis and can cover medical expenses, lost income, care costs, and pain and suffering.
One wet floor can change everything. Slips, trips and falls cause some of the most serious injuries we see — fractures, spinal damage, head injuries. If it happened because someone failed to keep their NSW premises safe, you can claim under the Civil Liability Act 2002. No Win, No Fee.
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Can You Claim Compensation For A Slip And Fall In NSW?
Yes — if the occupier of the premises failed to take reasonable care for your safety under the Civil Liability Act 2002 (NSW) and that failure caused your fall. Claims run against the occupier's public liability insurance and cover your injuries, lost income, care and pain and suffering.
Common scenarios include spills left uncleaned in supermarkets, missing wet floor signs, polished or wet entryways in rain, unlit or uneven steps, loose mats, and hazards left in walkways. The question is always whether a reasonable inspection and cleaning system would have identified and fixed the hazard before you fell. In Woolworths Ltd v Strong [2010] NSWCA 282, the Court of Appeal confirmed that supermarkets must maintain a systematic inspection regime — not merely clean when a spill is reported. Inspection records and the quality of the defendant's cleaning system are central to most NSW cases.
What Should You Do Immediately After A Slip And Fall In NSW?
Report it and insist it's recorded. Photograph the hazard, your footwear and your injuries. Take witness names. Ask the venue — in writing — to preserve CCTV. See a doctor the same day, even for 'minor' pain.
CCTV is the single most decisive piece of evidence in NSW slip and fall claims, and it is routinely overwritten within 24 to 72 hours. A same-week preservation letter from a lawyer is often the difference between a strong claim and a deniable one — which is why we say call us in the first week, not the first year. Request a copy of the incident report number from the occupier before you leave, or follow up in writing immediately after.
Who Is Liable For A Fall In A NSW Supermarket Or Shopping Centre?
The supermarket or store for hazards within its tenancy; the centre management for common areas; and sometimes the cleaning contractor — frequently more than one. Their inspection and cleaning system is the battleground.
Under the Civil Liability Act 2002 (NSW), courts ask whether the occupier's risk management system was reasonable and whether it was actually followed on the day. A policy on paper is not enough — the defendant must produce evidence that the system was operating when you fell. Time-stamped cleaning records, inspection rosters and sign-off sheets win and lose these cases. Where a cleaning contractor was responsible, both the contractor and the principal occupier may be joined as defendants.
What If The Fall Was Partly Your Own Fault?
Your claim survives — reduced, not destroyed. Contributory negligence under the Civil Liability Act 2002 (NSW) reduces damages proportionally by your share of responsibility, such as not watching your step or ignoring clear warnings.
Courts assess each case on its specific facts: whether the hazard was visible, what warnings were in place, and whether your footwear or conduct contributed. A 20–30% reduction for contributory negligence on a six-figure award still leaves a substantial recovery. The Civil Liability Act also preserves an obvious risk defence for commercial occupiers, but it is regularly argued and regularly rejected on commercial premises — we'll tell you honestly where your facts sit. See our public liability recent cases for real NSW outcomes.
What Is A NSW Slip And Fall Claim Worth?
It depends on the injury and its effect on your work and life. Non-economic loss (pain and suffering) under the Civil Liability Act 2002 (NSW) is only payable where your injury reaches the 15% threshold under section 16 — but fractures requiring surgery, spinal injuries and head trauma regularly meet it, and commonly support six-figure claims once future economic loss and care costs are properly assessed.
Falls are dismissed as embarrassing accidents far too often by the people who suffer them. A shattered wrist for a manual worker, or a fractured hip for an older person, carries lifelong consequences the law is designed to compensate — if the claim is brought and properly run. Soft tissue injuries that fully resolve may not meet the 15% threshold, which is another reason not to settle before your injuries have stabilised.
Frequently Asked Questions.
The store says I should have seen the spill. Do I still have a claim in NSW?
Probably. The Civil Liability Act 2002 (NSW) includes an obvious risk defence, but courts regularly reject it for wet floors and poorly lit hazards in commercial premises. Supermarket displays are deliberately designed to draw your eyes to products — not to the floor. The obvious risk argument is a defence to test, not a reason to walk away without advice.
There was a wet floor sign nearby. Does that end my NSW claim?
Not automatically. A sign does not discharge the duty of care if the hazard should have been cleaned promptly, the sign was inadequately positioned, or the area should have been closed off entirely. A sign may be used to argue contributory negligence, but it does not erase the occupier's breach where the underlying system of inspection was inadequate.
I fell at work in NSW. Is that a slip and fall claim or an icare workers compensation claim?
Both can apply. You can lodge a statutory workers compensation claim through icare immediately under the Workers Compensation Act 1987 (NSW). If your whole person impairment reaches 15% or more, you may also have a Work Injury Damages claim at common law. If a third party's negligence caused or contributed to your fall, a public liability claim may run in parallel. We routinely handle both pathways — see our workers compensation page.
Nobody saw me fall in NSW. Can I still claim?
Yes. Unwitnessed falls succeed on prompt reporting, medical records consistent with the injury mechanism, photographs and CCTV. The absence of witnesses raises the evidentiary bar — which is exactly why same-day reporting, contemporaneous photographs, and an urgent CCTV preservation notice are so important.
How long do I have to make a slip and fall claim in NSW?
Court proceedings must be commenced within 3 years of the date of injury under the Limitation Act 1969 (NSW). For children, the clock runs from age 18. But the practical deadline is the CCTV retention window — measured in days, not years. Treat the first week as your real time limit and call us immediately.
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