Everyone slips and trips every now and again, slipping and falling is a common occurrence especially in public places such as shopping malls, restaurants, stadiums etc. However, in certain instances slipping and falling in these places may lead to serious injury especially where safety precautions have been neglected.
What is a slip and fall claim?
A slip and fall claim is a legal action in which an owner of a property or an establishment is held liable for the compensation of damages arising from an injury caused by slipping and falling, usually on slippery or damaged surfaces.
Duty to care
All owners of an establishment have a duty to care towards their customers. This includes taking reasonable steps and precautions to prevent harm that can be reasonably foreseen.
However, the Court will not place unrealistic expectations on owners, the duty to care may be limited. A slippery floor will not automatically render the owner negligent if there is evidence to the fact that the owner has taken reasonable precautionary steps to prevent any foreseeable harm. Hence, in order to hold an owner of a property or establishment liable for slipping and falling on their premises, you must show that they did not take all the steps a reasonable person in that position would have taken to prevent this from happening as it was reasonably foreseeable.
In the case of Kruger v Coetzee 1966 (2) SA 428 (A) the court provides for the negligence test that has been applied by the courts throughout the years. The negligence test asks firstly, whether a reasonable owner would have foreseen the reasonable possibility that their conduct may result in injury to a person or their property causing them patrimonial loss, and whether a reasonable owner would take reasonable steps to guard against such. This means that the court must decide on whether the owner of the property or establishment could have done more to protect its customers from harm.
Damages & Evidence
In order to be successful in a slip and fall claim, you must have suffered actual damages as a result of the injury sustained during the slip and fall which includes loss of earnings / earning capacity, medical expenses and pain and suffering. The burden is on the claimant to provide proof of the claim including photographs of the scene in which the accident occurred, photographs of the injury, witness statements, medical records relating to the injury and other alike documentation that may indicate the owner’s negligence and the consequences of such negligence.
Prescription
A time limit known as prescription applies to slip and fall claims. Prescription occurs when a debt is no longer enforceable and the debtor is no longer required to pay off their debt. Prescription of a slip and fall claim would mean that the owner is no longer required to compensate the injured party for any damages they may have suffered as a result of the accident. In terms of the Prescription Act 68 of 1969, the prescription period for personal injury claims such as a slip and fall claim is three years from the date of accident. It is therefore important to seek legal advice about a potential claim as soon as possible to prevent prescription of the claim
Slipping and falling can have serious consequences to physical health, owners ought to take the necessary precautions to prevent any harm from befalling their customers. Any injury to a person that is a result of the negligence of the owner of the property or establishment must be duly compensated.
