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:
- demarcate dangerous areas;
- remove obstructions from walkways;
- light an area adequately;
- repair holes and cracks in the pavement; and
- 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:
- 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?
- 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?
- Did the owner take steps to prevent the accident?
Details to collect if you want to make a claim
- The details (name, contact number and address) of the person in charge of the premises.
- Take photographs of the area where you were injured.
- You must contact the legal representatives of the business.
- You must get the relevant medical documents as well as the invoices detailing the procedures.
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)