Legal Talk

In our busy hectic lives, it's not uncommon to become oblivious of a dangerous or potentially dangerous situation, which could cause us to lose our balance and unceremoniously hit the ground.

Well the good news is that we have an established case law in this country which allows us to claim compensation if we are injured as a result of a slip or trip or fall.

The bad news is that not all slip and fall cases will result in compensation. We all carry the responsibility to take the necessary precautions so as to avoid injury to ourselves. By the same token a property owner has a duty to make sure his property safe.

To make out a case for slip and fall, we would need to prove that the owner of the property was negligent in allowing or creating a hazardous environment. We would also have to prove that the property owner was aware of the hazardous condition and took no steps to remedy it.

This requirement of "knowledge by the owner" is often difficult to prove. Some of the more common instances which could give rise to a "slip and fall" claim would be the presence of an object not normally found in the walking path, a hole on the pavement, a slippery surface with no warning to the public to beware of the potential of falling and getting injured.

If successful, a claimant can claim all medical and hospital expenses associated with the consequent injury, including both past and future medical expenses, loss of earnings (both past and future loss) as well as general damages such as pain and suffering, trauma etc.

Should you find yourself in the unfortunate position of falling and becoming injured, it's a good idea to ascertain if there were any witnesses and to get their contact details.

Taking photographs of the place where you fell, it's surroundings, photographs of the actual bodily injury you sustained, as well as obtaining a copy of the hospital report (if applicable) will be useful when you consult with your attorney, as this will enable your attorney to properly consider the circumstances of your case and advise you accordingly.

Know your rights! Email fawzia@thelawdesk.co.za or call 031-5025670 for any legal assistance.