How to Prove It Wasn’t Your Fault After a Fall

leebrotherslegal91
7 days ago
3 min read

Personal injury lawyer guide for slip, trip & fall accidents in Queensland

You slipped. You fell. You’re injured.

Now the store, council, or business is saying:

❌ “You weren’t watching where you were going.” ❌ “It’s not our fault.” ❌ “It was just an accident.”

But deep down, you know:

👉 You didn’t just fall out of nowhere.

Something caused it — a wet floor, loose tile, or unsafe steps.

This guide will show you exactly how to prove it wasn’t your fault, and what kind of evidence helps win a personal injury claim in Queensland.

🧠 First, How Does Fault Work in Slip & Fall Cases?

In Queensland, personal injury law says a business or property owner must take reasonable steps to keep their space safe.

If they:

Didn’t fix a known hazard
Didn’t clean up a spill
Didn’t warn you (e.g. signs, barriers)
👉 They may be at fault — even if they say you were “just clumsy.”

✅ 1. Take Photos Immediately (If You Can)

Photos are the #1 way to prove fault.

📸 Take clear photos of:

The exact hazard (spill, crack, gap, loose mat, etc.)
The surrounding area (aisles, lighting, warning signs)
The floor or surface (wet, uneven, broken?)
Your shoes (in case they claim it was your footwear)
Your injury (swelling, bleeding, bruises)

🧠 Tip: Time-stamped photos are powerful. The more angles, the better.

🗣️ 2. Get Witnesses (and Their Contact Info)

Did anyone see you fall?

Did staff members rush over afterward?

✅ Ask for their:

Name
Mobile number or email
Quick statement of what they saw

Even one witness can prove you didn’t cause it yourself.

📋 3. Ask for the Incident Report

Businesses (like supermarkets, shopping centres, cafes) should file a report after any accident on-site.

👉 Ask:

“Can you record what happened in your incident log?”
“Can I have a photo or copy of the report?”
“Can I get the name of the staff who helped me?”

This creates an official paper trail. Without it, the business may deny anything happened at all.

🩺 4. See a Doctor Within 24–72 Hours

This step protects both:

Your health ✅
Your legal claim ✅

The doctor’s notes will show:

What happened (mechanism of injury)
How serious it was
What treatment you need
Whether the injury lines up with your story

📣 No medical record = weak claim.

🔍 5. Prove There Was a “Breach of Duty”

Your lawyer will need to show that the owner or business:

Knew about the danger (or should have)
Failed to fix it, block it off, or warn you
That failure caused your injury

🧠 Examples:

CCTV shows a spill sat there for 45 minutes before your fall
Store logs show no safety checks were done that day
A broken stair had been reported but never fixed

⚠️ 6. Be Ready for These Common Defences

The insurer or business might try to argue:

❌ What They Might Say	⚠️ How to Respond
“There was a sign.”	Was it visible, readable, placed correctly? 📍
“They were distracted.”	Were you looking at your phone, or just walking normally? 🧍‍♀️
“It just happened.”	But were regular checks being done? Was it preventable? ✅
“No one else fell there.”	Doesn’t mean the hazard wasn’t dangerous for you 🤕

🧑‍⚖️ Why You Should Get a Personal Injury Lawyer

These claims often turn into he said/she said battles — and insurers are trained to make you feel like the fall was your fault.

A personal injury lawyer will:

Gather evidence (including CCTV and maintenance logs)
Speak to witnesses and experts
Handle insurer arguments
Help prove it was their fault, not yours
Work on a No Win, No Fee basis

💬 You don’t pay unless you win — and a good lawyer can dramatically increase your payout.

📆 QLD Time Limits to Claim

⏰ The sooner you act, the better the evidence and outcome.