Slip and Trip

Property owners, businesses, restaurants, municipalities and any similar such entity owe a duty of care to the public to ensure that the premises/ property/ pavements/ streets under their control do not constitute a source of danger when being used by the general public. If you have sustained injuries as a result of negligence or breach of this duty on the part of such an entity, you have the right to claim compensation for the harm you have suffered.

WHEN CAN YOU CLAIM?

If you have suffered injuries from a ‘slip and trip’ incident by falling, tripping or slipping as a result of the negligence on the part of a property owner, a business, a restaurant or a municipality you are entitled to claim monetary compensation for your injuries.

EXAMPLES OF WHEN A SLIP & TRIP CLAIM MAY ARISE:

Slip and trip incidents generally occur in grocery stores, retail outlets, restaurants, or on walkways or pavements. These incidents usually arise as a result of a failure to:

  • Draw awareness to a hazard or danger in a specific area
  • Timeously attend to spills on floor surfaces
  • Remove or draw attention to obstructions
  • Repair defects, cracks, crevices or holes in a pavement

WHAT CAN YOU CLAIM?

Victims of slip and trip incidents in South Africa can claim compensation for the following:

Past and future medical expenses

Including all surgical and non-surgical treatment, care and medication necessitated by incident-related injuries

Past and future loss of earnings

Actual past loss of income- incorporating unpaid sick leave arising as a result of time off work for post-incident recovery and/ or loss of employment as a direct result of incident- related injuries; and Projected future loss of income and/ or earning capacity

General Damages

Lump sum compensation for pain, suffering, disability and loss of amenities of life

WHEN MUST YOU CLAIM?

In slip and trip cases, summons must be issued against the negligent party within 3 (three) years from the actual date of the occurrence of the incident.

Personal Injury Claims FAQs

When it comes to personal injury claims, you need legal representation from a team that is experienced in personal injury law and that can provide you with the best legal advice with regard to your matter. That is why A Batchelor & Associates is your trusted legal partner for any personal injury claim.

You never know when disaster may strike. When you get hurt as a result of someone else’s actions, intentionally or not, you may file a lawsuit against them for personal injury, whether this happened at a supermarket, restaurant or other public place. A Batchelor & Associates can assist you with your claim for compensation for your injuries.

WHAT IS PERSONAL INJURY LAW?

Slip and trip cases are a branch of Personal Injury law, which itself forms a part of the law of delict. When you want to file a lawsuit, you need to prove that you have suffered harm (physical or psychological harm, or financial loss) as a result of the negligent conduct or omission of another person. You need to prove that the responsible party was in fact negligent in their actions or in their failure to act where a duty of care existed.

In personal injury claims, negligence refers to conduct that falls short of what a reasonable person in the same circumstances would have done. It determines whether a person failed to foresee the possibility of harm occurring to another in circumstances where the reasonable person in his/her position would have foreseen the possibility of harm occurring and would have taken steps to avoid or prevent it.

After it has been established that negligence is present, one must establish that harm has been suffered. The harm referred to can take the form of bodily injury or mental or psychological trauma. It is necessary for the harm to result in damage.

Sometimes it is difficult to determine who is responsible for the harm you have suffered. Where the person who acted negligently was under a duty to act because of his position as an employee, it is possible that his employer can be held vicariously liable for his negligence. Our experienced attorneys at A Batchelor & Associates will be able to advise you on who will be liable to compensate you for the harm you have suffered.

DO YOU HAVE A PERSONAL INJURY CLAIM?

Personal injury refers to incidents where you were injured as a result of someone else’s negligent act or omission. There are many forms of personal injury incidents and these include, for example, slipping on a wet supermarket floor; falling as a result of a crack or hole in a pavement; tripping due to a hazardous obstruction in a walkway etc. Personal injury law allows a person to file a lawsuit to claim damages from the responsible party, for the injuries which they sustained as a direct result of the wrongdoer’s negligence.

Personal Injury is a specialised branch of law requiring expertise and sound knowledge on the applicable legal principles and liability issues. The attorneys at A Batchelor & Associates in Cape Town are experienced in personal injury law and will provide you with the best possible legal representation as well as guidance throughout your lawsuit.

THE CLAIMS PROCESS

The initial process will involve a thorough investigation and review of the facts of your case in order to determine the merits. In other words, was there negligence involved and can liability be imputed to the negligent party? This investigation may include an inspection of the premises where the incident occurred, and interviewing and obtaining statements from witnesses. Your attorney will also obtain details pertaining to your injuries, including complete medical records, photographic evidence etc.

As your legal representative, A Batchelor & Associates will conduct a detailed investigation and gather all relevant evidence to strengthen your case and ensure that you receive fair compensation for your losses.

At A Batchelor & Associates we assess each claim individually to determine whether it’s a viable claim and what your next course of action should be. Personal injury claims can be complicated and very expensive to handle on your own, which is why we make sure that our experienced team provides you with the best possible legal service and advice.

As experienced personal injury lawyers, our goal is to ensure that you receive maximum compensation for your injuries. Our team works hard to provide you with the best possible results, which is why A Batchelor & Associates is your partner in law.