<p>Slip and trip claims, also known as public liability claims, are most often made by people who’ve suffered falls on slippery or uneven surfaces.</p>
<p>Some of the more common causes of slip and fall claims include</p>
<ul>
<li>potholes</li>
</ul>
<ul>
<li>damaged pavements</li>
</ul>
<ul>
<li>wet floors with no warnings</li>
</ul>
<ul>
<li>tree roots grown through tarmac</li>
</ul>
<p style="text-align: center;"><img class="aligncenter" alt="banana peel" src="http://myblogguest.com/forum/uploads/articles/2013/6/1_5.jpg" width="530" height="333" /></p>
<h2>When can you file a claim?</h2>
<p>Being injured in a fall in a public area does not automatically meant that you now qualify to claim for damages.</p>
<p>However, injuries that require medical treatment – as opposed to, say, a bruise or light scrape – are more likely to lead to your being recompensed in some way.</p>
<p>A common misconception is that erecting a “slippery floor” or “uneven surface” warning sign absolves the owner of the sign-posted space from any responsibility in the event of injuries.</p>
<p>However, even with a sign in place, this individual is expected to resolve the potential hazard, drying, cleaning or</p>
<p>evening out the ground in the affected area, within a reasonable period of time.</p>
<p>If no action is taken and someone is injured, the owner may be liable, and subject to legal action.</p>
<p style="text-align: center;"><img class="aligncenter" title="hazard sign" alt="hazard sign" src="http://myblogguest.com/forum/uploads/articles/2013/6/2_5.jpg" width="530" height="375" /></p>
<h2>What damages may be awarded</h2>
<p>Damages awarded in slip and trip cases can be substantial.</p>
<p>For example, an American tourist at a Pretoria safari lodge made a slip and trip claim that resulted in the establishment paying him out a total of R13 million.</p>
<p>Among the factors that contribute to the damages awarded in a successful slip and trip claim are</p>
<ul>
<li>the pain and distress caused by the injury sustained</li>
</ul>
<ul>
<li>associated costs and losses following any disability</li>
</ul>
<ul>
<li>lost earnings due to time off work</li>
</ul>
<ul>
<li>costs of medical treatment and post-accident recuperative care</li>
</ul>
<ul>
<li>restrictions posed by the injury on your usual activities and social life</li>
</ul>
<ul>
<li>general expenses, for example for painkillers, transportation and so on</li>
</ul>
<p style="text-align: center;"><img class="aligncenter" title="Sprained ankle" alt="Sprained ankle" src="http://myblogguest.com/forum/uploads/articles/2013/6/3_4.jpg" width="530" height="332" /></p>
<h2>What you need for a successful claim</h2>
<p>You can expect a claim to be successful only if you make it not long after the relevant incident.</p>
<p>The best practice is to record the incident with the relevant authority where it occurred;</p>
<p>if the accident happened on a public space like a pavement or when crossing the road,</p>
<p>you may have to report it to a government authority, such as the highway or transport department.</p>
<p>If you fall somewhere privately owned, such as in a store or mall, you should contact the manager on duty.</p>
<p>Also find out if the establishment has public liability insurance, as many will do.</p>
<p>Those that don’t may be subject to further penalties.</p>
<p>It is essential to have a written description of what happened and to sign this only once you’re completely in agreement with the way events are described.</p>
<p>This will be an essential tool in your legal arsenal in court proceedings.</p>
<p>Luckily for some, a select few law firms provide their service on a generous “no win, no pay” basis,</p>
<p>meaning that even if you don’t manage to gather all necessary details following an incident, you’re at no risk of losing out by pursuing the claim.</p>
<h5>Featured images:</h5>
<p><span class="license">License: Creative Commons</span></p>
<p><span class="source">image source</span></p>
<p><span class="license">License: Creative Commons</span> <span class="source">image source</span></p>
<p><span class="license">License: Creative Commons</span> <span class="source">image source</span></p>
<p>Post provided courtesy of Jeff, a South African author and frequent legal blogger.</p>

How And When To Claim For A Slip And Trip
