We often like to follow the trends of our American friends across the pond. They’re huge on shopping malls with everything you need under one roof, and that trend is somewhat catching on over here. I live in Derby and a few years ago, what was the Eagle Shopping Centre was transformed in to one huge Westfield shopping centre with pretty much everything all under one roof!
Personally, I like it – because in winter you don’t have to worry about being cold when shopping! But with such a huge building with a variety of outlets, and with the place being packed with shoppers rushing around, accidents can easily occur. A child drops his ice cream, and someone slips on the remains. A gherkin drops out of a burger, and an innocent old age pensioner ends up slipping on it. Because accidents can easily occur, those in charge of shopping centres need to be on the ball for keeping people safe.
If you have slipped or tripped in a shopping centre due to a hazard that was not cleared, cordoned off, you may have a claim under the Occupiers Liability Act. Under this important piece of legislation, whoever is in charge of the centre must take all reasonable steps to prevent an accident from occurring. Commonly, these are:
- Regular inspections – perhaps on an hourly basis by cleaning staff to look for hazards. You often see them going round with their carts with bins and cleaning equipment on it.
- Dedicated staff to respond to any reported hazards.
- Wet floor or hazard signs at the ready to cordon off any dangerous area.
If you slip or trip in a shopping centre, unfortunately, you do not have a claim by absolute right. We must win the argument that those in charge of the centre have failed to uphold their duty under the Occupiers Liability Act, which as I’ve mentioned above, is to take all reasonable steps to prevent injuries. If they have a good system of inspection, and can prove they have an action plan in place, you may well have slipped or tripped between inspection periods, and the centre can very easily defend the claim.
A key factor in winning these claims is reporting and evidence. You should immediately report the incident and make sure CCTV is protected as this could prove whether the area where you fell really has been inspected to an adequate standard. CCTV is normally destroyed after a mere few weeks, so you have to get in there quick and make sure it isn’t erased. If you instruct us today we can send a recorded delivery letter and faxed letter if possible on the same day you instruct us. With enough time on our side, this should allow the footage to be retained. If it is prematurely destroyed, we’ll argue your case for you.
