Injured in a slip and fall
22 December 2020 | Yolandi Vosloo
We all take a stumble now and then but what is the result if such incident results in serious injuries, occasioned by negligence of the property owner? Liability for slip and fall injuries may arise based on a defendant‘s ownership of the premises where the injury occurred, their control thereover or both.
Grounds for a potential claim
Any individual who enters onto the premises of a third party, by invitation of not, and who is injured may have a claim against the owner of such premises. The premise of such claim is that the injured is an innocent and furthermore that there is a duty of care owed to not only the injured but all members of the public lawfully using the premises.
Reasonable precautions to be taken
Property owners are required by law to take reasonable precautions to protect visitors and patrons from injuries. Regulatory measures need to be taken by these property owners to ensure that:
- surfaces aren’t slippery
- dangerous areas are demarcated
- walkways are unobstructed
- areas are adequately lit
- railings and barriers are in place where there’s a risk of falling from a height
- holes and cracks are repaired promptly
- areas that are slippery or wet have the proper warning signs
Should the absence of these regulatory measures be the cause of an incident the likelihood of a possible claim for compensation exists.
Requirements for a successful claim
To succeed with a potential claim the following needs to be proven:
- that the injured was lawfully present on the property.
- that the injured suffered damages as a direct result of the incident and directly due to the negligence or action, or failure thereof, of the property owner.
- that the negligence or failure of action on the part of the property owner could have been prevented or foreseen.
- that the compensation claimed is necessary to restore the wellbeing of the injured to a state he/she would have been in, if it hadn’t been for the incident.
In the event of a successful claim the following compensation can be recovered from the property owner and/or their insurance:
- Past and future medical expenses.
- Past and future loss of income.
- General damages for pain and suffering, disfigurement, permanent disability and loss of amenities of life.