Slips, Trips & Falls
Expert Witness Australia
Independent expert opinion on slip, trip and fall claims in both workers' compensation and public liability proceedings. Floor surface analysis, lighting adequacy, signage review and foreseeability assessment. Plaintiff and defendant instructions accepted nationally.
Slip, Trip and Fall Expert Witness Scope
Slips, trips and falls are among the most common causes of workplace injury and public liability claims in Australia. They occur across all industries and environments, from retail and hospitality premises to construction sites and industrial facilities. The expert witness role in these matters is to assess whether the hazard that caused the fall was foreseeable, whether the controls in place were adequate and whether the duty holder took all steps that were reasonably practicable to prevent the incident. For claims against occupiers, see public liability expert witness.
Karim Ali provides independent expert opinion on slip, trip and fall matters for both plaintiff and defendant law firms, as well as insurers. His opinion covers the technical WHS aspects of the claim, including the adequacy of floor surface maintenance, the appropriateness of signage and warning systems, the adequacy of lighting and the duty holder's compliance with relevant codes of practice and standards.
Instructions are accepted in both workers' compensation proceedings and public liability claims, including matters before the Personal Injury Commission in NSW, state and territory courts and specialist tribunals.
Key Issues in Slip and Fall Claims
- Whether the slip or trip hazard was reasonably foreseeable by the duty holder
- Whether the floor surface had adequate slip resistance for the environment and use
- Whether lighting was adequate to allow safe movement through the area
- Whether warning signs, barriers or exclusion zones were in place and adequate
- Whether cleaning and inspection procedures were adequate and followed
- Whether the incident was caused by a transient condition or a systemic failure
- Whether the duty holder's response to prior complaints or incidents was adequate
- Whether contributory conduct by the claimant is relevant to the analysis
Slip and fall expert opinions are delivered as expert witness reports and may involve site inspections where the physical conditions of the premises are in dispute.
Common Slip, Trip and Fall Scenarios
Slip and fall matters come before Australian courts and tribunals in a wide range of factual contexts. The expert opinion addresses the specific circumstances of each matter, but the following scenarios are those most commonly instructed.
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Wet or Contaminated Floor Surfaces
Slips on wet floors in retail, hospitality, healthcare and industrial settings, including spills, cleaning residue, condensation and water ingress. Assessment covers whether the hazard was foreseeable, how long it existed and what cleaning and inspection protocols were in place.
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Inadequate Floor Surface Slip Resistance
Falls caused by floor surfaces with inadequate coefficient of friction for the environment and use, including worn surfaces, unsuitable materials for wet or contaminated conditions and surfaces that did not meet the requirements of AS 4586 Slip Resistance Classification of New Pedestrian Surface Materials.
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Trip Hazards on Walkways and Paths
Trips on damaged, uneven or obstructed walkways, paths, thresholds, cables and other hazards at floor level. Assessment covers whether the hazard was visible, whether it should have been identified by inspection and whether it should have been rectified or guarded before the incident.
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Falls on Stairs and Changes in Level
Falls on staircases, ramps, steps and changes in floor level, including assessment of handrail adequacy, riser and going dimensions, lighting and contrast marking. Assessment is made against the applicable building code requirements and the WHS regulations for the specific workplace.
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Outdoor Environments and Car Parks
Falls on outdoor surfaces including car parks, footpaths, loading areas and external walkways, including assessment of surface condition, drainage, lighting and maintenance programs. Liability for outdoor areas is assessed against the obligations of property occupiers, PCBUs and local authorities as relevant.
Technical Areas of Expert Analysis
Each slip and fall matter involves technical WHS assessment across several areas. The depth of analysis in each area depends on the specific circumstances of the matter and the questions raised in the letter of instruction.
Assessment of whether the floor surface coefficient of friction (COF) was adequate for the environment and use. Reference is made to Australian Standard AS 4586 and the relevant code of practice for the industry and premises type.
Assessment of whether lighting in the area was adequate for safe movement, including lux levels, uniformity, glare and the visibility of the hazard that caused the fall. Reference is made to AS 1680 Interior Lighting and the applicable WHS codes of practice.
Assessment of whether warning signs and barriers were in place, whether their placement and visibility were adequate and whether they were sufficient to alert persons to the hazard given the nature of the environment and the likely users of the area.
Assessment of whether the slip or trip hazard was reasonably foreseeable by a competent duty holder in the same position, taking into account the nature of the premises, the activities conducted and the history of prior incidents or complaints in the area.
Property Occupier vs Employer Duty Distinction
In slip and fall claims, the applicable duty depends on the relationship between the claimant and the premises where the fall occurred. The expert analysis identifies which duty holders are relevant to the specific matter and what obligations each owed.
In workers' compensation matters, the employer PCBU owes a duty to ensure the safety of the workplace. In public liability matters, the property occupier or owner may owe duties under occupiers liability principles as well as WHS legislation where a business is conducted at the premises. Where both relationships exist, both duties are assessed.
- PCBU duty to maintain safe premises and walkways under the WHS Act
- Property occupier duty to persons entering the premises
- Contractor and subcontractor duties for work on the premises
- Building owner duties where the premises are leased
- Local authority duties for public footpaths and access areas
- Shopping centre management duties for common areas
Documents Typically Reviewed
The expert opinion in a slip and fall matter is based on a review of the available documentary evidence. The following documents are those most commonly provided and reviewed in these matters.
- Incident reports and near miss records for the area
- Cleaning schedules, logs and inspection records
- CCTV footage of the area before and during the incident
- Photographs of the incident location taken at or near the time
- Floor surface specifications and maintenance records
- Lighting maintenance and inspection records
- Prior complaints or hazard reports relating to the area
- Witness statements from workers, supervisors and bystanders
- WorkSafe or WHS regulator investigation reports
- Building plans, floor plans and as-built specifications
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Can Karim give opinion without CCTV footage or photographs from the time?
Yes. Where CCTV footage and contemporaneous photographs are unavailable, the opinion is based on the documents available, including witness accounts, incident reports and any photographs taken after the incident. Where the condition of the surface at the time is disputed, the opinion addresses the issue on stated assumptions. The absence of contemporaneous evidence is itself relevant to the analysis.
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Is a site inspection always necessary in a slip and fall matter?
No. Many slip and fall expert opinions are formed on the basis of photographs, documents and witness accounts without attending the site. A site inspection adds value where the physical layout, surface condition, lighting or access is directly relevant and cannot be adequately assessed from the available photographs. Karim advises at the outset whether a site inspection is warranted in each matter.
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Can the expert address the claimant's footwear or conduct?
Yes. Where instructed to do so, the analysis can address the claimant's footwear, the reasonableness of their conduct in the circumstances and whether their own actions contributed to the fall. This is relevant to contributory negligence in civil proceedings. The assessment is made in the context of the conditions that existed at the time and the information available to the claimant.
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Does Karim accept instructions in public liability as well as workers' compensation?
Yes. Karim accepts instructions in both workers' compensation proceedings and public liability claims involving slip, trip and fall incidents. The applicable legislative framework and duty holder obligations differ between the two types of claim, and each report is prepared to the correct standard for the specific proceedings in which it will be used.
Instruct on a Slip or Fall Matter
Contact Karim Ali to discuss the matter, confirm availability and obtain a fee estimate for the expert opinion.