In 1957 the Occupiers Liability Act was introduced not on for slip and fall accident cases but to determine the following: “whether any duty is owed by a person as occupier of premises to persons other than his visitors in respect of any risk of their suffering injury on the premises by reason of any danger due to the state of the premises or to things done or omitted to be done on them”.
The occupier of a given premises has a duty in respect of any such risk to make sure that
1. the risk is in all circumstances of the slip and fall accident case and that he is reasonably expected to offer protection.
2. he is aware or has grounds to believe that a member of the public is in the vicinity of the danger or that he or she may come into the vicinity of the danger. This is whether or not he or she has lawful authority for being there or not; and
3. he is aware that the danger exists or has reasonable grounds to believe so
A “duty of care” will also be taken into consideration where the act states “common duty is to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there”.
In the act, an occupier is defined as someone who is aware that any failing or carelessness on their part may result in an injury to a visitor for example. The visitor should be kept reasonably safe whilst on the premises for the purpose of that visit to avoid a potential slip and fall accident case
If a landlord is an occupier, he will still be bound under the Defective Premises Act 1972. This outlines his obligation for repair, maintenance and his duty to any persons who may reasonably be affected by any defects on the premises.
If the occupier has grounds, he can call a statutory defence against an independent contractor if the defect causing an injury was a result of shoddy workmanship or another factor placing relevant liability or negligence.
In the case of children, reasonable care will be called into question on the part of the adults; however these slip and fall accident cases are more likely due to the nature of children. In this instance establishments such as schools will have particular obligations for example.
Shopping centres and supermarkets are common areas for slip and fall accident cases for obvious reasons. Any breakages or spillages need to be quickly cleaned up to prevent any mishaps and to avoid liability in the event of a slip and fall accident case. This liability can also be avoided by having the correct signage in place.
In all slip and fall accident cases, common sense and care always prevail. The law is in place to protect both parties against liability which is something we all want to avoid. Watch your step and be careful.
About the Author
Personal Injury Claims Slip And Fall Accident Cases
Author: Steve Hanson
Copyright (c) 2007 The Janitorial Store
In many parts of the country, winter brings with it wet and icy conditions. This is dangerous not only for driving, but also for walking! Thousands of injuries occur from people slipping and falling because of ice and snow. It’s estimated 12,000 Americans die each year from a fall. A worker injured from a fall on ice or snow can be off work for a long time, increasing your insurance costs and workers compensation expenses.
How do you reduce injuries when your cleaning employees are getting in and out of their cars and walking across ice and snow covered parking lots? Don’t get caught off guard. Pay attention to the weather and encourage your employees to monitor what’s going on outside. Depending on weather conditions, your employees may need to pack a shovel, boots and ice melt. Parking lots and walkways might not be shoveled if it starts snowing after business hours.
Following are tips to avoid slipping and falling on the ice:
* Park close to the building and in well-lit areas so you can see the surface you are walking on.
* Take your time and pay attention! Take short, flat steps and walk at a slower pace.
* Wear proper footwear. Boots with rubber treads are a must!
* Walk on sidewalks and stay off paths that are not maintained in the winter. If there are handrails, use them!
* Be careful when taking the trash out to dumpsters. This area may be slippery, and it may not be cleared of snow and ice.
* Take extra time and care when carrying heavy objects (this includes taking out the trash).
Once inside, employees must take extra caution as floors may be wet and slippery from snow and ice falling off shoes and boots. Remind building owners that longer mats will catch more of the ice, snow, ice melt and other debris that people track in on shoes and boots.
Train employees to take extra care when driving in winter weather. They may need extra time driving between buildings, especially if the buildings your company cleans are not close to one another. If you clean buildings after 5:00 p.m., ask the building owner when the parking lot is plowed so employees can move their cars if necessary.
No matter if you love or hate winter (and the ice and snow that it brings with it) it’s necessary to slow down and be prepared so you and your employees can avoid becoming one of those winter fall statistics. Take a few moments in your next safety meeting to remind your employees how to be ready to deal with the problems that winter brings with it.
Steve Hanson is co-founding member of The Janitorial Store (TM), an online community that offers weekly tips, articles, downloads, discussion forums, and more for anyone who would like to learn how to start a cleaning business. Visit The Janitorial Store’s blog and get inspired by reading cleaning success stories from owners of cleaning companies.
The term “slip and fall” refers to accidents in which a person injures himself by slipping, falling or tripping due to dangerous and hazardous conditions of the surroundings. Such slip and fall accidents can take place inside or outside a building. The indoor accidents are caused due to unsuitable conditions such as bad flooring, wet floors and dimly lighted steps or stairs whereas the outdoor accidents generally occur due to weather-related and other hidden hazards. For instance, a person can easily slip and fall in a parking lot because of an icy patch outside the door of his car and injure himself. Minor things such as a pothole on the road can also be the cause of slip and fall accidents. Slip and fall incidents are taken very seriously in New York. Victims of slip and fall accidents in this city have the right to file a case and hire lawyers for their injuries. Slip and fall lawyers in New York have a thriving practice due to a great demand for such legal services. They apply personal injury law in slip and fall cases. The main focus of New York slip and fall lawyers is premises liability as most slip and fall injuries are caused due to poorly maintained or designed premises.
Slip and fall accidents fall under the category of negligence law and deal with the concept of premises liability. Victims typically, file cases against property owners, as they are the ones who are responsible for the hazardous conditions of premises. It is the duty of property owners to ensure that the property is safe and that the buildings have no internal or external structural defects that would cause an accident.
New York slip and fall lawyers carry out aggressive personal injury lawsuits on behalf of their clients who have undergone serious injuries. The pivotal objective of slip and fall lawyers is to settle claims of their clients and obtain a justifiable compensation for them in a speedy and efficient manner. Most slip and fall lawyers in New York offer evening and weekend appointments to their clients as per their convenience. It is advisable to call for an appointment before trying to meet with a slip and fall lawyer as they have erratic schedules, having to split time between consulting and representations in the courts.
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Slip and fall accidents cause personal injury when somebody falls down on another’s property that is in a dangerous situation. Risky conditions that can cause trouble are snow, poor lighting, unexpected slits in floors or blocks on the ground. Personal injury slip and fall settlements can claim compensation for medical costs, pain and suffering as well as economic troubles.
Personal injury slip and fall settlements normally have scope outside the court. One can initially talk with the property owner regarding hazardous conditions that caused the injury. They can try to meet the sufferings of the injured one at a cost acceptable by both parties. Settlements to cover lost income due to the incapability to work and property damages are very supportive for the victim. Doctor’s visits, hospitalization and rehabilitation therapy are quite costly. Personal injury slip and fall settlements also reimburse medical bills. Records of injuries and other economic and non economic expenses are needed to claim a settlement.
One can pursue a claim against public or private property that causes personal injury due to negligence. If the property owner does not agree with the conditions, the help of expert attorneys handling personal injury slip and fall settlements becomes crucial. They assist in filing suits and claims, evaluate the damages and try to get maximum compensation. The service of a competent attorney protects the rights of victims injured by the ignorance of others.
Submit details about the personal injury if you have personal insurance policies that allow for medical claims. If the landowner has an insurance policy, the victim has the right to claim for compensation from that particular policy as well. Reviewing similar cases is useful in claiming adequate compensation. It gives an overall idea regarding procedures and the amount of compensation allocated for various personal injury slip and fall settlements.
Personal Injury Settlements provides detailed information on Auto Accident Personal Injury Settlements, Average Personal Injury Settlements, Personal Injury Insurance Settlements, Personal Injury Settlement Amounts and more. Personal Injury Settlements is affiliated with Personal Injury Settlements.
