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Trip and Fall

Trip and Fall

Trip and Fall

 

Trip and Fall

 

In South Africa, there isn’t specific legislation solely for trip and fall accidents. However, two main laws come into play to determine liability and compensation:

 

  • ✅ The Occupiers’ Liability Act 1953: This Act outlines the duty of care owed by property owners or occupiers to those who visit their premises. It essentially states that the owner/occupier must take reasonable steps to ensure the safety of visitors and prevent foreseeable harm.

 

  • ✅ The Consumer Protection Act (CPA) 2008: This Act applies in situations where a trip and fall happens on commercial premises. The CPA protects consumers from harm while using goods or services. This can extend to injuries sustained due to unsafe conditions on the property.

 

 

Here’s how these laws are applied in trip and fall cases:

 

  • ✔️ Duty of Care: The owner/occupier has a duty to take reasonable measures to keep their premises safe from hazards that could cause a trip or fall. This includes repairing uneven surfaces, cleaning up spills, warning of potential dangers, and ensuring proper lighting.

 

  • ✔️ Negligence: To claim compensation, you’ll need to prove that the owner/occupier was negligent in maintaining their premises. This means demonstrating that the hazard that caused your fall existed, the owner/occupier knew or should have known about it, and they failed to take reasonable steps to address it.

 

  • ✔️ Comparative Negligence: South Africa follows a comparative negligence system. This means that if you contributed to your own fall by, for example, not paying attention or wearing inappropriate footwear, the amount of compensation you receive may be reduced based on your level of negligence.

 

 

Examples of situations where you might have a trip and fall claim:

 

  • ✅ Slipping on a wet floor in a shop that wasn’t marked with a warning sign.

 

  • ✅ Tripping over a broken step in a building.

 

  • ✅ Falling due to inadequate lighting in a parking lot.

 

 

Here are some resources for further information: