Public Liability in Winter: Preventing Slip and Trip Claims

Who Is Liable When Someone Slips on a Business Premises?

Under Australian common law and state-based civil liability legislation, business owners, operators and property managers owe a duty of care to people entering their premises and are expected to take reasonable steps to identify and manage foreseeable hazards. This includes employees, clients, couriers, and members of the general public.

Where an injury arises from a hazard that was reasonably foreseeable and not adequately managed, the business or property owner may be exposed to a liability claim. In the insurance industry, these incidents are covered under a Public Liability policy. Winter conditions can increase the likelihood of slip and trip incidents due to rain, frost and seasonal debris.

Common Causes of Winter Slip and Trip Claims

Winter introduces specific environmental factors that can quickly turn a routine entryway into a high-risk zone:

• Wet Leaf Accumulation: Rain and wind strip leaves from trees. When wet leaves blanket tiled, concrete, or timber walkways, they create an incredibly slick surface similar to ice.

• Moisture Tracking: Heavy downpours mean visitors constantly track water indoors. Smooth internal flooring surfaces—such as polished stone, vinyl, or large tiles—become immediate slipping hazards when wet.

• Inadequate Lighting: With shorter winter days, the afternoon commute occurs in twilight or darkness. Poorly lit steps, car parks, or uneven pavement joints significantly increase trip risks.

How to Mitigate Risk and Protect Your Business

To maintain a safer environment and support your broader risk-management program, consider implementing the following measures:

• Establish a Cleaning Log: Ensure walkways and entry points are swept clear of wet leaves and debris daily. For commercial premises, maintaining a written or digital cleaning log proves to insurers and legal bodies that you took reasonable steps to manage hazards.

• Deploy Professional Absorbent Matting: Place high-quality, commercial-grade mats at all main entrances during wet weather. Ensure mats lie completely flat without curling at the edges, which creates a secondary trip hazard.

• Audit External Lighting: Inspect your car parks, stairwells, and external paths to ensure all globes are functioning and bright enough to illuminate minor level changes in the ground.

Need Help Reviewing Your Cover?

If you would like to understand how your policy responds to emerging risks or review your current insurance arrangements, the team at All Risk Protection would be happy to assist.