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.
Reference