A Common but Often Underestimated Claim Type
Slip and trip injuries, whether from a wet floor with no warning sign, a broken paving stone, or poor lighting on a staircase, are among the most common personal injury incidents, yet many people assume little can be done about them. In reality, property owners and occupiers owe visitors a duty to keep their premises reasonably safe, and failing to do so can give rise to a valid claim.
Who Can Be Held Responsible?
Liability can rest with a range of parties depending on where the incident occurred, including shopping centre owners and managing agents, restaurant and retail operators, body corporates for sectional title properties, and, in the case of public spaces, municipal authorities. Identifying the correct party, and sometimes more than one, is an important early step in any claim.
What Needs to Be Shown
A successful slip and trip claim generally needs to demonstrate that a hazardous condition existed, that the owner or occupier knew or reasonably should have known about it, that no adequate steps were taken to fix the hazard or warn visitors, and that this failure directly caused the injury. Simply falling on a property is not, on its own, enough to establish liability; the hazard and the owner’s response to it are what matter.
Evidence That Strengthens a Claim
Photographs of the hazard taken at the time, incident reports logged with centre management or restaurant staff, CCTV footage, and details of any witnesses all help build a strong claim. Because CCTV footage is often overwritten within weeks, requesting it in writing as soon as possible after the incident is one of the most valuable steps an injured person can take.
What Compensation Can Include
Depending on the injury, compensation may cover medical treatment, physiotherapy or rehabilitation costs, loss of income if the injury affected your ability to work, and general damages for pain and suffering. More serious injuries, such as fractures requiring surgery, typically involve a more detailed assessment of long-term impact.
How Lowe & Petersen Attorneys Can Assist
Slip and trip claims often hinge on evidence that disappears quickly, which makes prompt legal advice valuable. Lowe & Petersen Attorneys assists Cape Town clients with identifying the responsible party and building a well-evidenced claim on a no win, no fee basis.