Accredited specialists representing people injured in slips, trips, and falls caused by negligence.
What we can help you with.
We represent people injured in all types of slip and fall (and “trip and fall”) claims, including:
- Wet floor and spill accidents
- Uneven surfaces, potholes and damaged walkways
- Stairway, step and handrail failures
- Supermarket and shopping centre accidents
- Falls in hotels, restaurants and public venues
- Fatal slip and fall claims
Free initial consultation
You speak directly with an experienced slip and fall lawyer who reviews how the incident occurred, explains whether a valid claim may exist, and outlines what to expect from the process ahead.
We lodge your claim
We identify the responsible party, notify the insurer, secure incident reports, maintenance records, and available CCTV footage, and formally commence the claim to protect your position from the outset.
Support throughout your claim
We manage medical evidence, handle insurer communications, and progress negotiations at every stage - so you can focus on your recovery.
Resolution and settlement
When your claim is ready to resolve, we negotiate firmly to achieve a fair outcome that reflects the full impact of your injuries.
With office locations in Brisbane, Logan, Ipswich, Gold Coast, Sunshine Coast and Toowoomba, you can easily meet with us in person. We also provide online consultations, or we can even come to you if you need.
Who can make a claim?
- Shoppers, patrons and customers
- Visitors and guests on private property
- Tenants and residents
- Children injured on unsafe premises
- Elderly people injured in falls
- Families of deceased victims
Eligibility depends on the specific circumstances. A short discussion with a public liability lawyer is usually enough to confirm where you stand.
Fewer than 2% of Queensland personal injury lawyers hold Queensland Law Society Accredited Specialist status, recognising the highest level of industry expertise, experience, and ethical standards.
Unlike many firms, we don’t add extra percentages or “success fees” to your settlement. This means you keep the maximum compensation you are entitled to.
We cover all your evidence costs upfront, including medical reports, so you’re not out of pocket while your case is ongoing.
We actively guide you through each stage of the process, explain what to expect and when, and provide practical support through the personal and financial challenges that can follow injury or illness.
Beyond "No Win No Fee"
Most Queensland injury firms advertise "No Win No Fee". What matters is how that actually works in practice - and where the financial risk really sits during your claim.
At Gain Lawyers, we take No Win No Fee literally. You don't pay anything upfront and nothing while your claim is ongoing. We cover the cost of medical reports and other expert evidence as the case progresses, so you're not out of pocket while focusing on your recovery.
If your claim succeeds, you pay our professional fees from the settlement. We don't charge uplift or "success" fees - many firms add up to 25% on top of their costs, but we believe compensation for injury should go to you.
If your claim is unsuccessful, you don't pay our legal fees or the evidence costs we've incurred. We write those costs off entirely.
Your claim, your Gain.
Jeremy Roche, Director At Gain
How slip and fall compensation claims work in Queensland
Slip and fall compensation claims in Queensland arise where a person is injured because a property occupier or controller failed to take reasonable steps to prevent a foreseeable risk of slipping or tripping. These claims are assessed through fault-based personal injury law rather than through any no-fault compensation scheme.
Understanding how slip and fall claims operate - including how responsibility is determined, how evidence is assessed, and how compensation is calculated - is essential to understanding how outcomes are reached.
The legal framework for slip and fall claims
Slip and fall claims in Queensland are a form of public liability claim. They are governed by the Personal Injuries Proceedings Act 2002 (Qld) (PIPA) and common law principles of negligence, as modified by statute, including the Civil Liability Act 2003 (Qld).
PIPA establishes the pre-court procedures that must be followed before a claim can proceed, including mandatory notice requirements and steps designed to encourage early resolution.
There is no automatic entitlement to compensation simply because an injury occurred.
To succeed, an injured person must establish that the party responsible for the premises owed a duty of care, breached that duty by failing to address a foreseeable hazard, and caused injury as a result. These principles form part of broader public liability law (Public Liability Claim: Definition, Examples and Process).
Where slip and fall accidents commonly occur
Slip and fall (and trip and fall) accidents can occur in a wide range of settings, including shopping centres, supermarkets, footpaths, car parks, hotels, restaurants, and other premises open to the public. Importantly, claims are not limited to publicly owned spaces.
Liability depends on control, not ownership. Slip and fall claims can arise on privately owned premises where members of the public are lawfully present, and responsibility may rest with occupiers, businesses, contractors, or other parties depending on who controlled the risk at the time. These issues sit within the broader framework of premises liability claims (Premises Liability: Who Is Responsible and Compensation Claims).
Common slip and fall hazards
Slip and fall claims often involve hazards such as wet or slippery surfaces, uneven flooring, loose mats, poor lighting, obstructions, or a failure to warn of temporary risks. In trip and fall cases, hazards may include raised edges, damaged walkways, or objects left in pedestrian areas.
The key legal question is whether the risk was reasonably foreseeable and whether reasonable steps were taken to prevent or manage it.
Evidence and assessment of slip and fall claims
Slip and fall claims are assessed using factual, medical, and expert evidence.
Evidence about how the incident occurred may include photographs of the hazard, CCTV footage, incident reports, cleaning and maintenance records, and witness statements. Documents showing who controlled the area at the time of the incident may also be relevant.
In some cases, the condition of the surface is examined through slip testing. Slip testing measures how slippery a surface is. It is usually carried out by an independent expert. Testing is often done in both dry and wet conditions to compare how the surface performs in different situations. The results may be used to assess whether the surface met accepted safety standards.
The timing and availability of evidence can affect how a claim is assessed. CCTV systems often record over old footage after a set period. Maintenance records may also be kept for limited timeframes. The presence or absence of this material can influence how responsibility is determined.
Medical evidence is required to establish the nature and extent of the injury. This may include treating doctor records, specialist reports, and imaging results. In most cases, the longer-term impact of the injury on work and daily activities is considered before compensation is assessed.
Compensation available in slip and fall claims
Where negligence is established, compensation may be awarded to reflect the full consequences of the injury. This can include medical expenses, rehabilitation costs, loss of income, future care needs, and compensation for pain, suffering, and loss of enjoyment of life.
Compensation is assessed using the same principles that apply across common law damages claims (Common Law Claims and Damages: What They Are and How To File).
Time limits and procedural requirements
Strict time limits apply to slip and fall claims in Queensland. In most cases, a formal Notice of Claim is required to be served within nine months of the date of injury (or within one month of first consulting a lawyer), in accordance with the Personal Injuries Proceedings Act 2002 (Qld).
Failure to serve the notice within that period does not automatically prevent a claim from proceeding, but additional procedural steps may be required.
Court proceedings must generally be commenced within three years of the date of injury. If proceedings are not commenced within that period, the claim may become statute-barred.
For injured people under the age of 18, the three-year limitation period typically runs from their 18th birthday.
Because delay can materially affect evidence, procedure, and entitlement, understanding personal injury claim time limits in Queensland (What Is the Time Limit for Personal Injury Claims in Queensland) is critical in slip and fall matters.
How slip and fall claims are resolved
Most slip and fall claims resolve through negotiation once liability and the extent of injury are established. Insurers often require detailed evidence before engaging in settlement discussions.
Court proceedings are used where a fair outcome cannot be achieved through settlement and are generally treated as a last resort.
3 things to know about slip and fall claims in QLD
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Slip and fall lawyer FAQs (QLD)
What if it was “just an accident”?
Many slip and fall matters are described that way at first. The legal question is not whether someone intended harm, but whether reasonable steps were taken to prevent a foreseeable hazard.
Falls can still involve negligence. Wet floors without warning signs, poorly maintained walkways, inadequate lighting, loose mats, or unaddressed obstructions may indicate risk management failures rather than bad luck.
The focus is on whether the person or business controlling the space took reasonable precautions - not on whether the incident was deliberate.
What if I slipped or tripped at a friend or family member’s house?
You are not “suing” your friend personally in the way many people fear. In most situations, a claim is handled by the property owner’s public liability insurer, not by the individual themselves.
These policies exist specifically to respond to injuries involving visitors. The legal focus is on whether reasonable care was taken - not on creating personal conflict or financial strain.
Understanding how insurance operates in these situations often removes the main hesitation people have about proceeding.
What if I was partly at fault?
Partial fault does not automatically prevent a claim. Slip and fall cases frequently involve shared responsibility.
If you failed to take reasonable care for your own safety, compensation may be reduced, but it is rarely eliminated altogether. Courts assess how responsibility should be apportioned based on the evidence.
What initially feels like “my fault” often involves broader maintenance or hazard management issues once the circumstances are properly examined.
Does an obvious hazard prevent me from claiming?
Not necessarily. The fact that a risk was visible does not automatically remove liability.
People are not expected to move through everyday environments anticipating danger at every step. The key question is whether reasonable systems were in place to identify, manage, or warn about foreseeable risks.
Each case turns on its specific facts, including the nature of the hazard and what precautions were taken.
I didn’t report the incident straight away - does that matter?
It can affect evidence, but it does not automatically prevent a claim.
Many people are injured, embarrassed, or focused on medical treatment and do not immediately report what happened. What matters most is whether the circumstances can still be established through available evidence such as medical records, witness accounts, CCTV, or maintenance documentation.
Early advice helps determine whether delay has materially affected the claim.
Will my slip and fall claim end up in court?
Probably not. Most slip and fall claims resolve through negotiation once liability and medical evidence are clear.
Insurers typically require detailed documentation before engaging in settlement discussions, but court proceedings are generally a last resort used only where a fair outcome cannot be achieved through negotiation.
How long do I have to make a slip and fall claim?
Strict time limits apply in Queensland. In most cases, court proceedings must be commenced within three years of the date of injury. However, shorter notice requirements may apply where the responsible party is a public authority, such as a council.
Because delay can permanently affect entitlement, early advice is important even if you are unsure whether you wish to proceed.
What if I’m worried about legal fees?
Initial advice is free, and you pay nothing upfront or while the claim is ongoing.
If your claim succeeds, our professional fees are paid from the settlement. We do not charge uplift or “success” fees, and we cover the cost of medical and expert evidence as the case progresses. If your claim is unsuccessful, we write off our legal fees and evidence costs entirely.
The financial risk does not sit with you.
If I contact Gain Lawyers, am I committing to making a claim?
No - the initial consultation is free and often helpful on its own. In many cases, we can give you an early indication about whether your circumstances are likely to support a slip and fall claim, what the process would involve, and whether proceeding makes sense at all.
The first conversation is about clarity and direction, not obligation.