Steps To Take When You Have Been Injured In A Public Or Private Space

Imagine slipping in your local supermarket and finding yourself staring at the ceiling, your ankle twisted awkwardly and your shoes covered in milk. Or perhaps you’re walking home from work when a scaffolding structure collapses onto the footpath, leaving you with a serious arm injury. While these scenarios may sound unlikely, accidents in public and private places occur more often than many people realise.

In New South Wales, if you have been injured because the owner or occupier of a property failed to take reasonable care for your safety, you may be entitled to compensation through a public liability or occupiers’ liability claim.

One of the key challenges in these claims is proving that the owner or occupier was negligent and that their negligence caused your injuries. The steps you take immediately after an accident can play a crucial role in protecting your legal rights and strengthening any future claim.

1. Seek Medical Attention

Your health should always be your first priority.

If you have been injured, seek medical attention as soon as possible, even if your injuries initially appear minor. Conditions that seem manageable at first can worsen over time.

Prompt medical treatment not only supports your recovery but also creates an important record of your injuries. Medical records can provide contemporaneous evidence linking your injuries to the incident, which may assist if you later pursue a compensation claim.

2. Report the Incident

If you are injured on public or private property, report the incident to the owner, occupier, manager or relevant authority as soon as possible.

Provide as much detail as you can and, where possible, make the report in writing. You should also request an incident report be prepared and keep a copy of this for your records.

Reporting the incident promptly helps establish that the accident occurred and places the property owner or occupier on notice of the circumstances.

3. Take Photographs

Photographs can be valuable evidence.

Take photographs of:

• The location where the incident occurred;
• Any hazard that contributed to the incident;
• Your visible injuries; and
• Any other relevant circumstances.

For example, if you slip on a wet supermarket floor where no warning sign has been displayed, photographs of the liquid, the surrounding area, the absence of warning signs, and any apparent source of the spill may all be useful.

4. Obtain CCTV Footage

If CCTV cameras may have captured the incident, request the footage as soon as possible.

Many businesses and organisations retain CCTV footage for only a limited period before it is automatically deleted. Acting quickly may help preserve important evidence.

CCTV footage can assist in verifying how the incident occurred and may provide valuable evidence regarding whether the owner or occupier failed to take reasonable steps to ensure the area was safe.

5. Identify Witnesses

If other people witnessed the incident, obtain their names and contact details.

Witnesses may be able to provide statements supporting your version of events, particularly where liability is disputed or the circumstances of the incident are unclear.

Independent witness evidence can often be highly persuasive.

6. Record Your Own Account

Following an accident, details can quickly become difficult to remember.

As soon as possible, write down or record your recollection of the incident, including:

• The date and time;
• The location;
• What happened;
• Any hazards you observed;
• Any conversations that took place; and
• The injuries you sustained.

A detailed contemporaneous account can be valuable if questions later arise about the circumstances of the incident.

7. Seek Legal Advice Early

Obtaining legal advice as soon as possible can help you understand your rights and determine whether you may have a viable compensation claim.

A lawyer can advise you about the evidence required, the applicable legal principles and time limits that will affect your entitlement to bring a claim.

If you have been injured in a public or private place, taking prompt action can make a significant difference to both your recovery and your ability to pursue compensation.

Seeking medical treatment, preserving evidence and obtaining legal advice early can help protect your interests and place you in the strongest possible position should a claim arise.