Slip & Trip Claims
Victims of slip & trip incidents often assume that these incidents are caused entirely due their own fault. They are further lead to believe that there is no recourse available to them. This is however incorrect as they are afforded protection under our legal system.
It is established law in South Africa that an owner or proprietor (including other persons or entities that are in control) of a premises, have a legal duty to take reasonable steps to ensure that the premises are safe to members of the public who access them.
Should they fail to take these reasonable steps and an injury is sustained on their premises due to this failure, they can be held liable for damages.
Who Can Claim
If you have sustained injuries as a result of slipping or falling whilst accessing someone else’s property, you may be able to claim compensation against the owner or persons in control of the premises.
Causes of slip & trip injuries
Uneven or slippery walking surfaces;
- No handrails or other accommodations installed where required;
- Failure to warn public of slippery surfaces;
- Stray cords or electrical wires;
- Failure to clean up wet walking surfaces;
- Broken or damaged handrails;
- Failure to rectify slip and fall conditions caused by weather conditions;
- Poor lighting or marking of potentially dangerous areas or surfaces;
- Failure to warn public of dangerous and hazardous areas.
What Can You Claim
The following table sets out the damages one can claim for:
| Injury Claims |
|---|
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1. Past medical expenses |
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2. Future medical expenses |
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3. Past loss of income |
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4. Future loss of income |
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5. General damages |
Claim Process
To succeed with a slip or fall claim against the owner (or persons in control) of a property one has to prove legally liability on their part for causing the damages sustained. This is very difficult to achieve as they will often outright deny any liability and raise indemnification as a defense for their failure to observe their legal duties towards members of the public.
The onus is on the claimant to prove that the owners of the property (alternatively the persons or entities that are in control thereof) breached their legal duty and failed to take reasonable steps to ensure that the premises are safe. The claimant must then further prove what damages were sustained and the quantum thereof.
If a settlement cannot be reached out of court, action must be instituted (‘summons process’) within a specified period. If action is not instituted timeously the claim will prescribe. In other words the claim will fall away and the claimant will not be able to proceed with their claim.
We advise all claimants to contact an attorney as soon as possible should they wish to pursue a slip or trip claim.
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