Slips and Falls - Part 1

SLIPS AND FALLS – PART 1
 
I slipped over in a shopping centre, can I make a claim?
 
You may be able to make a claim for compensation for injuries which you sustained from a slip and fall in a public place if the injuries were the result of negligence on the part of someone else.
 
You cannot make a personal injury claim if you have slipped and fallen and it was your own fault.  You have to be able to point to someone else as having caused or contributed to the injuries.
 
Things like carelessness, or failing to properly clear a walkway of hazards are examples of negligence.
 
Slips and falls can occur for a number of reasons.  It may be because of the floor surface being slippery or recently mopped, unsafe shoes, or spilt food/drink.  Here are a few of the most common ways that slips and falls occur:

• a freshly mopped floor
• drink/other liquid spills in a shopping centre
• fruit dropped in the fruit and vegetable area (grapes are a common one!)
• drink spills at restaurants/bars
• tiles or pavement outside in rainy weather

What if I slipped on a spilled food or drink in a grocery store?
 
You might have noticed that the floors in shopping centres are often polished or tiled and are therefore susceptible to becoming slippery when wet.
 
It is not uncommon for children or other shoppers to spill drinks or food whilst walking around.  It is therefore a legitimate and foreseeable risk that someone might slip or fall on a spill.
 
It is for this reason that shopping centres are required to have systems in place to ensure that their floors are clear of any slip hazards.  Regular inspections have to be conducted and if a spill is found, it is usually guarded or signposted and then cleaned up immediately.
Like all good systems, sometimes they fail and someone may slip on a spill before it is cleaned up!
Whilst shopping centres have to implement a system for spills, there is also an expectation on shoppers to take reasonable care for their own safety and to be aware of their surroundings.
 
If a shopping centre can demonstrate that they followed an appropriate system to manage spills, this is usually enough to clear them of any wrongdoing (i.e. to discharge their duty of care).  If however, it is clear that they did not follow their procedure and did not clean up a spill in a timely manner, they may be found to have been negligent.  In that case, they may be found to have been at fault for your injuries.
 
Can I make a claim if I slip on a freshly mopped floor?
 
Most shopping centres have a procedure in place whereby the are mopped throughout the course of the day.  This means there might be a risk to shoppers until they dry.
 
Shoppers must therefore be adequately warned about any wet and potentially slippery areas.  It is also important that the person doing the mopping does not use excessive amounts of soap or water in walkways.
 
If there is a failure to warn people of a wet surface, the occupier can be held liable for any injuries sustained as a result.  If adequate warnings ARE in place, the shoppers have a responsibility to watch where they walk and care for their own safety.
 
Can I make a claim if I slip over at a bar or restaurant after I have been drinking?
 
So long as your injuries were caused by the negligence of the owner or occupier, then you may be able to make a claim even if you were intoxicated when the injuries were sustained.
 
The fact that you were under the influence does not automatically mean that you were not owed a duty of care.  The owner or occupier does still owe you a duty of care even when you are intoxicated, BUT it may be found that you have contributed to your injuries.  In this situation, your damages would likely be reduced by 25% as there is a presumption of contributory negligence of that much.  To rebut this presumption, you would have to prove that you were in no way impaired, and this would be very difficult to do.
 
Keep watch for part 2 of this blog – “slips and falls at your workplace”