I imagine that one of the last things you expect when you’re out and about is to suddenly come crashing to the ground due to slipping on a substance on the floor. The embarrassment alone is bad enough, never mind the devastating injuries you can end up with.
So what is your entitlement when it comes to claiming for personal injury compensation if you slip on a substance that has leaked on the floor? Say, in a shop / supermarket, or a restaurant perhaps?
Your Rights
In any given public place, the law that applies is normally the Occupiers Liability Act. This imposes a duty on the person(s) in control of a premises to take all reasonable steps to ensure a person is not injured when visiting their premises.
Now, when it comes to spillages, the person you are claiming from will often try and defend the claim if they can show they have a system of inspection for cleaning that is seen as reasonable. But what about leaks?
The “take all reasonable steps” approach still applies, and it’s about knowledge of the problem. If a supermarket knew that their fridges were on the blink and were leaking liquid, they need to take rapid action to ensure no one is hurt. If a crate of product leaks, the same applies. So it’s all about whether they ought to have known about the situation and therefore failed to act on it.
Evidence
Evidence in a case like this can be crucial. CCTV footage is potentially your biggest friend as it could prove how long a problem has existed for. Previous incidents may also be useful. If a roof is known to leak in times of heavy rainfall, and nothing is done about it because it doesn’t rain that heavily that often, I’d say that’s not reasonable. A previous issue is known, and steps must be taken to stop a hazard from forming.
100% Compensation
In a case like this, we should be able to offer you a full 100% compensation agreement, so call now for free and friendly advice on 0800 634 75 75.
