Anywhere public that is privately owned is normally subject to an important piece of health and safety legislation called The Occupiers Liability Act. This puts a duty on those in control of a premises to take all reasonable steps to prevent an accident and injury occurring.
There are many reasons as to how a person can slip and fall in a takeaway – so let’s look at when you might be able to claim.
What are reasonable steps?
It’s perhaps best to first assess what can be classed as reasonable steps when it comes to slipping hazards. Examples can be:
- Mats at the entrance – useful given potentially high volumes of people coming in and out when its wet (walking water in)
- Wet floor signs – in general or where a spillage or mopping operation has occurred
- Systems of inspection to ensure the floor areas are safe
- Training staff to keep an eye on the ground in front of the counter to look out for hazards
When can I claim?
Picture this – its 3am in the morning and you’re in the local kebab shop for a greasy post-night out snack and you slip on the floor because someone, probably whilst intoxicated, has dropped a load of cheesy chips on the floor. It’s not likely you will notice the hazard on the ground, especially if the takeaway is full of people waiting for their food.
So in a scenario like this we can make a claim for slip injury compensation – but whether it will be successful or not will largely come down to whether the owner of the takeaway can prove that they have taken reasonable steps to prevent an injury. If they have done any or some of the above examples, they can easily defend a claim.
The law is much more on the side of the shop as opposed to you – but when you claim for compensation, you are alleging that the owner of the takeaway has been negligent in the duty of care that they have for you. So, let’s say they do take reasonable steps and you unfortunately fall just moments after a drunken visitor has dropped their food on the floor, is it a fair argument to say that the takeaway is at fault?
They ought to have insurance to cover them for accidents, but it can only be used normally when they have acted negligently.
What should I do then?
Firstly, get a claim started as soon as you can! Many takeaways have CCTV footage for security reasons so getting access to this could show how long a hazard has been there for which could in theory be fantastic evidence for your claim. But, as is common nowadays, footage doesn’t stay saved for very long.
You should also report the incident and ask to complete an accident report form. Seek medical attention as well of course – your wellbeing is the most important thing here as always.
For help and advice call 0800 634 75 75.
