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You can’t turn back time but you can get what you are entitled to.

Slip and Fall injuries: You may be able to claim for compensation

Slip and Fall injuries: You may be able to claim for compensation

Whether you are clumsy or coordinated, everyone has taken a tumble at some point in their lives. Tripping and falling in a public place can leave you with more than just a bruised ego. However, if you have suffered serious injury, it is important to know that if the fault did not lie with you it may be that someone else can be held responsible. If someone else is at fault for the conditions that led to your injuries, you should consider pursuing a personal injury claim.

A personal injury claim is a claim for compensation, for damages suffered as a result of injuries sustained in an accident or as a result of the death of a breadwinner in an accident. Whether you were injured due to negligence, substandard medical care or in a motor vehicle accident, the first step is to contact an attorney. As a rule, the accident must have been caused by the negligence of another person. For more information on personal injury claims and the claims process click here.

When can you claim for a ‘slip and fall’ personal injury?

It is common sense that one should take reasonable and appropriate care of yourself when on the premises of another. It is also required that the person in charge of the premises takes the same care in preventing others from harm. In public premises, the local municipality and government are responsible for any personal injuries on the premises. On private property, the responsibility lies with the business or property owner. The law requires that owners take all relevant precautions to prevent foreseeable accidents from occurring. As an example, a supermarket can be charged with negligence in case they do not clean up slippery floors, provide enough lighting, fix damaged floors, or block off dangerous sections.

A successful claim is largely dependent on whether the injury was caused by the owner’s negligence or the injured person’s negligence. For example, if you slipped and injured yourself on a wet floor, was there a sign saying “caution: wet floor”? If there was a warning sign that you ignored, you may be at fault. If there was no warning, the owner did not take the appropriate measures to ensure your safety and may be liable.

Is It Necessary to Make a Personal Injury Claim?

In some instances, one cannot take action against a person or a place for an accidental slip and fall, especially if there was adequate means of prevention and warning. You are able to take legal action against a person or place if they are at fault, they have not done all that they can to prevent such an event from happening, they have acted unlawfully and of course you have sustained serious injury.

You may assume that the injuries suffered are small, but the medical expenses incurred could end up being quite significant. Severe injuries may result in lengthy stays in hospital or even extensive rehabilitation and intensive treatment. You may also find yourself unable to work and earn a living. Injuries can have lifelong physical, emotional and financial consequences and obtaining adequate compensation can help ease the burden on you and your loved ones.

What should you do after a ‘slip and fall’ personal injury?

After a personal injury accident, you should collect the details of the owner of the premises where you were injured. You should also collect the details of any witnesses, photographs of the area and what caused the accident, and medical documents proving your injury. Then, contact an attorney who can advise you on the way forward and act as legal representative on your behalf, while you focus on recovering.

Who can I contact?

If you have sustained a serious injury from a slip and fall incident that was not your fault, consult an experienced personal injury lawyer attorney to give yourself the best chance of filing a successful claim for compensation.

Contact Paul du Plessis Attorneys for a free consultation at 012 809 1588 or send an e-mail to paul@pauldup.co.za.