Accidents in a public place is a common occurrence and many write it off as a minor incident of no consequence, until one of these accidents result in loss of a lot of money, time off work or cause permanent disability. The long term consequences of these accidents cannot be ignored and need to be properly and medically addressed.
If the slip and trip accident has been caused due to negligence of someone else, the law provides for you to claim compensation for your physical injuries and financial losses.
The first step is to find a lawyer to represent you in your claim process, to support you in your cause and see that you are properly compensated. The details of the accident should be made known to your lawyer in complete detail. Never leave out anything, or overlook thinking that something is inconsequential or minor. However minor, the detail maybe, it could have a bearing on the claim and may result in effecting the amount pf compensation claimed. Answer all questions that your lawyer asks you in the fullest detail. The procedure could be somewhat as follows:
- Circumstances of the accident.
This is the definition of when, where and how the accident occurred and the purpose of your presence at he site.
- Cause of the accident?
Ascertaining the cause of the accident in full detail can help you in analyzing and isolation the source of the cause. Although an accident in a public place may be an embarrassing situation, it is important that you remember the information to get the best out of the claim. Once the source is isolated further analysis may facilitate the court to decide on the best available evidence in awarding you the claim.
- Preparation of the claim
Upon providing the lawyer with all relevant details of the accident, the lawyer will build your case depending on the available evidence, which may involve:
Gathering statements from witnesses
Scouting and surveying the accident area for any further clues
Analyzing the hazard reduction and inspection policies of the occupiers
Asking or commissioning a safety report from an expert on the area of the accident.
This basic evidence gathering process will empower the lawyer to decide whether the accident was foreseeable by you or not and whether the defendants had taken appropriate steps to reducer the hazard of accidents in the said area through proper measures. In short, this evidence would be to prove that the area in question is prone to slip and fall accidents and the situation was not reasonably dealt with by the occupiers or the defendants.
The basis of claim determination.
The claim case is dealt by the court on the basis of evidence and legal issues involved. The law clearly says that the occupiers have a duty to take reasonable and proper care to avoid any foreseeable injury on their premises. The reasonable is what the law takes into consideration, while handling your case.
While the law recognizes the fact that hazards are different in different places, it uses different standards to gauge the reasonable from the point of view of the place involved. Before coming to a decision the court has to arrive at conclusions on the following points:
The level of hazard response
The amount of risk involved; and
The expense that the defendant has to bear to reduce that hazard.
However, the court also needs to be convinced that your behavior was not risky and that you have exercised reasonable and normal care to safeguard yourself. |
