If You Have Suffered a motor
accident, whiplash
injury, accident
at work, medical
negligence, faulty
goods, criminal
injury, slip
or trip, industrial
injury, accident
in a public place or would just like some advice, please don't hesitate to
give us a call on 08000 71 22 71 for any personal
injury, medical negligence, road traffic accident, no win no fee accident
claims
We explore how you can use the law to your advantage and receive compensation
for a slip and fall accident case indoors. Whether in a shopping centre, broken
step, privately or publicly owned premises. In 1957 the Occupiers Liability Act was introduced not on for slip and
fall accident cases
The occupier of a given premises has a duty in respect of any such risk to make
sure that
1. the risk is in all circumstances of the slip and fall accident case and that
he is reasonably expected to offer protection.
2. he is aware or has grounds to believe that a member of the public is in the
vicinity of the danger or that he or she may come into the vicinity of the
danger. This is whether or not he or she has lawful authority for being there or
not; and
3. he is aware that the danger exists or has reasonable grounds to believe so
A "duty of care" will also be taken into consideration where the act states
"common duty is to take such care as in all the circumstances of the case is
reasonable to see that the visitor will be reasonably safe in using the premises
for the purposes for which he is invited or permitted by the occupier to be
there".
In the act, an occupier is defined as someone who is aware that any failing or
carelessness on their part may result in an injury to a visitor for example. The
visitor should be kept reasonably safe whilst on the premises for the purpose of
that visit to avoid a potential slip and fall accident case
If a landlord is an occupier, he will still be bound under the Defective
Premises Act 1972. This outlines his obligation for repair, maintenance and his
duty to any persons who may reasonably be affected by any defects on the
premises.
If the occupier has grounds, he can call a statutory defence against an
independent contractor if the defect causing an injury was a result of shoddy
workmanship or another factor placing relevant liability or negligence.
In the case of children, reasonable care will be called into question on the
part of the adults; however these but to determine the following: "whether any duty is
owed by a person as occupier of premises to persons other than his visitors in
respect of any risk of their suffering injury on the premises by reason of any
danger due to the state of the premises or to things done or omitted to be done
on them".
slip and fall accident cases are more
likely due to the nature of children. In this instance establishments such as
schools will have particular obligations for example.
Shopping centres and supermarkets are common areas for slip and fall accident
cases for obvious reasons. Any breakages or spillages need to be quickly cleaned
up to prevent any mishaps and to avoid liability in the event of a slip and fall
accident case. This liability can also be avoided by having the correct signage
in place.
In all
slip and fall accident cases, common sense and care always
prevail. The law is in place to protect both parties against liability which is
something we all want to avoid. Watch your step and be careful.
If You Have Suffered a motor accident, whiplash injury, accident at work, medical negligence, faulty goods, criminal injury, slip or trip, industrial injury, accident in a public place or
would just like some advice, please don't hesitate to give us a call on 08000 71 22 71 for any personal injury accident claims |