CAN I SUE A SHOPPING CENTRE IF I SLIP AND FALL?

By law, owners of businesses or property are required to take reasonable steps to ensure the safety of the general public. At minimum, owners or managers are required to warn the public of any potential dangers they have caused, are aware of or believe could occur.

So if a shopping centre has not met these requirements and you’re injured on their property as a result, you may have a valid claim. These are a few examples of the requirements shopping centres should have in place:

  1. demarcate dangerous areas;
  2. remove obstructions from walkways;
  3. light an area adequately;
  4. repair holes and cracks in the pavement; and
  5. put up railings or barriers.

Would my claim be valid?

The law does not require individuals to watch their every step. It is reasonable to assume that people look around them as they browse grocery shelves at the shops. A successful slip and fall claim is mainly dependent on proving that the injured person was less negligent than the owner of the premises where they were injured.

Ask yourself the following questions:

  1. Would a reasonable person, such as a property owner, foresee the reasonable possibility that his management or administration may injure another person, causing them to slip and fall?
  2. Could the property owner have done something to prevent the accident that resulted in the claim. For instance, could the occurrence of a slippery floor have been prevented and could it have been mopped up before someone climbed the stairs?
  3. Did the owner take steps to prevent the accident?

Details to collect if you want to make a claim

  1. The details (name, contact number and address) of the person in charge of the premises.
  2. Take photographs of the area where you were injured.
  3. You must contact the legal representatives of the business.
  4. You must get the relevant medical documents as well as the invoices detailing the procedures.

Reference

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

WHAT TO DO AFTER A CAR ACCIDENT?

If a driver of a vehicle, at the time when the vehicle is involved in or contributes to any accident in which any person is killed or injured or suffers damage in respect of any property, including a vehicle, or animal, must report the accident to a police or traffic officer at the scene of the accident as soon as possible, unless he or she is incapable of doing so by reason of injuries sustained by him or her in the accident. In the case where a person is killed or injured, it must be within 24 hours after the occurrence of the accident, or in any other case on the first working day after the accident.

What must a person do after a motor vehicle accident (“accident”)?

  1. Call the police or report the accident at the nearest police station within 24 hours if a person is killed or injured; or on the first working day after the accident if no person was killed or injured.
  2. Write down the name of the police officer spoken to and the accident report’s reference number.
  3. Co-operate with all emergency personnel and police who respond to the accident.
  4. Get the details of all other motor vehicles involved in the accident, such as the drivers, names, identity numbers, addresses, telephone numbers, description of the motor vehicles, the registration numbers, and any relevant details from the licence discs; the date, time and address of the accident; the weather and road conditions when the accident occurred; and any other information that may be relevant.
  5. If an employee is driving a motor vehicle on behalf of his/her employer, then the details of the driver and the employer must be taken.
  6. Write down the names, addresses, and phone numbers of all potential witnesses of the accident.
  7. Take photographs or a video of the following: the scene of the accident, from all angles; the surrounding area; the injuries; and any damage to property.
  8. Draw a sketch plan of the scene of the accident and make sure that it contains a fixed point so that it can easily be traced. Also make a statement about how the accident happened. This sketch and statement will remind a person of all the details relating to the accident at a later stage.
  9. If a person has been injured, a doctor must be consulted immediately, even if the injury is not serious.
  10. If the person is insured, that person has to notify his/her insurance or broker as soon as possible. Write down the name of the person spoken to at the insurance and the reference number of the claim.

What must a person NOT do after an accident?

  1. Move his/her motor vehicle; unless it is necessary for safety or required by law.
  2. Subject himself/herself to further injury by standing or waiting in an area near traffic or other safety hazards.
  3. Leave the scene of an accident until the police tell him/her to do so.
  4. Throw away any potential evidence, such as defective products, important documents, or torn or blood-stained clothing.
  5. Engage in discussions of fault with anyone as that can be considered evidence in court – do not admit liability.
  6. Agree to settlement terms without discussing the matter with an attorney.

Although involvement in a motor accident is always a traumatic experience, try to remember that nearly all accidents have legal consequences. For instance, a criminal charge of driving without a licence, drunken driving or culpable homicide may follow. Civil consequences may include claims for damage to property, or for personal injury, and may arise whether there is a criminal charge or not.

References:

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)