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The sales are almost upon us. Many await them with glee. But frantic shoppers, busy stores and overstretched employees can mean greater potential for accidents. Lets face it, during busy times things sometimes get overlooked.
Many public liability lawyers will tell you that they often have an influx of clients early in the year, following the Christmas and Boxing Day peak sales periods.
Public liability is the area of law that deals with slips and falls in public places, such as retail outlets, pubs, restaurants, shopping centres and footpaths. Basically anywhere that is openly accessible to the public. According to the Civil Liability Act, property owners are expected to take a reasonable amount of care to make sure there are no hazards or dangerous conditions on the property that could cause somebody to be injured.
Some common hazards include spills and leaks, poor lighting, uneven flooring such as bunched-up carpet, and wet floors caused by rainy weather.
If you do sustain an injury in a public place, you may be able to claim financial compensation for medical expenses, pain and suffering, a percentage of lost income, and special needs like home care.
Of course, just suffering an injury in a public place doesnt automatically make you a candidate for compensation. It depends. You must be able to prove that the property owner or manager was negligent, and that your own behaviour was normal and not unsafe. If you were intoxicated when you slipped on spilled milk in a supermarket, the Court would look at your contributing negligence when determining who was liable.
The law requires people to keep a reasonable look-out for hazards – to monitor their environment. So if you were distracted by your toddler having a tantrum and didnt notice the empty box on the floor, which you then proceeded to fall over and sustain an injury, the Court would certainly find you partially responsible for the accident. That said, retail outlets are required to regularly check the environment for hazards. There must be a reasonable system of cleaning and inspection. These days, CCTV can help dangerous situations to be discovered quickly, as well as capturing evidence of what occurred in slip and fall cases.
Evidence is key. Eye witness accounts will help your case, as will photos of any injuries, and records of medical consultations and lost wages.
And to be awarded financial compensation your injury needs to be sufficiently serious. There are set injury thresholds. A sprained wrist that heals in a few weeks will not suffice.
Be warned. Retail outlets – dont be complacent about safety standards. And consumers – in your rush to snavel a bargain dont forget to keep a look-out for hazards.
