What are your Rights when you Slip and Fall in a Shopping Mall?
How to get compensated if you are injured.
If you are injured in such an accident, the Occupier’s Liability Act is in place to assist you to get compensated. So, what are your rights under the law?
1. You have a right to seek compensation for damages
Both pecuniary such as loss of income and medical costs and non-pecuniary such as pain and suffering if you are injured as a result of negligence on the part of the shopping mall. Section 3 (1) of the law requires the occupier to offer duty of care to visitors and their property. This duty of care applies whether the danger is as a result of the condition of the premises or by an activity that has been undertaken on the premises.
2. You are not entitled to compensation if you have willingly assumed a risk that leads to your slip and fall accident.
However, even under such circumstances, section 4 (1) of the law states that the occupier still owes you a duty to not create a danger with deliberate attempt to cause damage or harm to the person or his/her property and to not act in reckless disregard to your person or property.
3. Section 5 (2) of the act covers extension of liability by contract.
If you are a construction worker or are doing maintenance or repairs on the shopping mall, you shall not be covered under the act, unless this is expressly provided for and unless the occupier has taken reasonable care.
4. Section 6 (1) covers liability where an independent contractor is involved.
If the slip and fall injury is as a result of the negligent conduct of an independent contractor contracted by the occupier, such as an independent cleaning company, the occupier may not be held liable and you should follow up with the contractor for compensation.
5. Note that there may be an exception
Note that there may be an exception where the occupier is the Crown and any municipal corporation.
6. If the tenancy states that the landlord is responsible for maintenance and repair of the shopping mall
The landlord has the same duty of care as the occupier as described in the act in so far as the damage was caused by the landlord absconding his duty of care.
7. If the common area is under the control of the storeowner
It is his or her responsibility to ensure there are no dangerous conditions.
At Grillo Barristers, we understand Occupiers’ Liability law and will guide you through your claims process to ensure you are fairly compensated for your injuries, expenses and future losses.