Written by NATALIE BAILEY

3 February 2024

Slip and Fall Law and Claims in South Africa 

In South African law, owners and occupiers of premises must take reasonable steps to ensure that the public is not injured on their premises and to advise the public if there are any potential dangers with clearly visible signs.  If the owners or occupiers of a premises fail to take these steps and someone gets injured, they may be held liable for such injuries. A person’s legal rights in the event of a trip, slip, or fall in a public place are determined by our Law of Delict and, in this situation, by the actio legis Aquiliae.

 What Needs to be Proven for a Claim of Compensation for an Injury Caused by a Trip, Slip, or Fall in a Public Place? 

In order to claim compensation following a trip, slip, or fall in a public place, you will have to prove wrongfulness, negligence, and factual and legal causation.

  • Wrongfulness;
  • Negligence;
  • Factual causation;
  • Legal causation

Wrongfulness:

There is a legal duty on the owner or occupier of a premises to take reasonable steps to avoid possible injuries to customers. If the owner or occupier breaches such duty, they act wrongfully.

Negligence:

In respect of negligence, you have to prove that a reasonable owner or occupier in the position of the owner or occupier in your situation:

  • would foresee the reasonable possibility that their conduct (be it an act or omission) would result in injuries and cause a loss;
  • would have taken reasonable steps to guard against such occurrences; and
  • should have taken such steps.

Factual Causation:

You will need to prove that you would not have suffered the injury if it were not for the wrongful and negligent act. In South African law, this is known as the “but for test.” Put differently, but for the uneven surface or steep ramp without a rail, you would not have fallen. Once this is established, you have proven factual causation.

Legal Causation:

Legal causation occurs when the wrongful and negligent act is sufficiently linked to the injury. There must be a reasonable connection between the threatened harm and the harm done.

What are my immediate steps after getting injured due to a trip or fall in a public place? 

Medical Attention 

You should immediately seek medical attention for your injuries. Depending on the severity of your injuries, you should go to an emergency unit or see a doctor as soon as possible. Not only is your immediate health of utmost importance, but these medical records will be extremely important in establishing that the accident caused your injuries and that they have not been caused by another event.

If you injure yourself but only see medical assistance a few days later, the argument may be made that some other factor may have caused the injuries or that by not seeking immediate medical care, you contributed to the severity of your injuries. Often, an owner or occupier will try to allege that you contributed to the injury you suffered or that your negligence also led to your injury.

Reporting the injury 

As soon as you are injured, report it to the owner or occupier of the property, if possible. If your injuries are so severe, try to get a witness to your injury to report it. It is extremely important to get the name and surname of the person you report the incident to and to make a note of the time of the incident and how the reporting was dealt with. If the person to whom you reported your injury says something along the lines of “Oh no, you are the second person to fall down the ramp this month,” you must convey this to your attorney. In such situations, there is a more significant duty on the owner or occupier to take steps to prevent future harm, as it is not the first time an injury has occurred.

Gather as much evidence as you can at the scene of the injury

Although you will be in a state of shock, try to get the names and contact numbers of people who witnessed your injury and saw what caused it.  These people will become very important when proving in court how your injury occurred and if the owner or occupier failed to take reasonable steps to prevent the injury. The best form of evidence, which cannot be easily refuted, are videos and photos of the scene of the injury and what caused the injury. Your attorney will also ask for the CCTV footage from the owner or occupier.

What Compensation or Damages can I Claim after Getting Injured due to a Trip or Fall in a Public Place? 

You may be entitled to claim the following compensation:

1. Past and Future Medical Expenses

2. Past Medical Expenses

Past medical expenses are all medical expenses you have incurred due to your injury up to being quantified for court. These may include the following expenses:

  • Hospitalisation;
  • Specialist and doctor accounts;
  • Physiotherapy or occupational therapy;
  • Rehabilitation care;
  • Carers;
  • Medical equipment such as wheelchairs, crutches, and back and neck braces:
  • Prosthetic limbs;
  • Medication

3. Future Medical Expenses

Future medical expenses are expenses that your medical experts think you will require in the future due to your sustained injuries. Your medical experts will prepare a medical-legal report that details what medical procedures, medical attention, and medication expenses you will most likely incur in the future and indicates the cost of such expenses. Your attorney will present these medical-legal reports to the court to quantify your future medical expenses.

4. Past and Future Loss of Income

If your injuries were so severe that you have not been able to return to work since the injury or will not be able to return in the future, you will be able to claim for past and future loss of income. Even if you were off work only for a short period due to your injuries, you will be able to claim for such periods. In addition, if you will be required to have medical procedures in the future and will not be able to work during your hospitalisation and recovery periods, then you can also claim for these periods.

5. General Damages

You may also be able to claim for “the pain and suffering” you endured due to your injury and will endure in the future. To quantify your claim for General Damages, your attorney will look at the unique factors of the matter, which will most likely include the following:

  • Degree of severity of your injuries;
  • Things you did before your injuries, such as sports and recreational activities,
  • How active your lifestyle was;
  • How the injuries affected your lifestyle and your enjoyment of life;
  • What you enjoyed doing in the past that you can’t now do;
  • What your pain and discomfort level is.

South African courts consider case law with similar facts to yours when calculating the amount of General Damages you will be awarded. Your attorney can guide you as to what quantum you are likely to receive by considering the relevant case law.

 For Legal Support in Slip and Fall Matters, Contact One of Our Personal Injury Attorneys 

This area of law is constantly evolving, and our legal experts at Burger Huyser Attorneys will be able to assist you in determining if you have a valid claim, what medical experts to appoint, and what compensation you are likely to receive.

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE