Here we will address a few of the legal problems about occupiers liability claim with slip and trip accident. For this point, I am going to suppose the case of an individual that slips and falls at the same time as ‘legally’ entering premises owned by a different person.
The word “legally” is used here for the reason that some legal problems come up when a person enters on property without any permission i.e. as somebody who enters unlawfully on the privacy or premises of others without permission
Just to illustrate in this article, the personality of the owner of the building has not any connection here but as it is shown above, the relevant thing is whether the new comer is a legal comer in those properties or not. Consequently, it is taken to be the case that the person on the building enters here in a legal manner with the purpose of relating to as much daily matters as possible, for instance going to a superstore, hotel, office, government premises, hair care center, dentist and all that.
Supposing for this case, the visitor of building is a tutor at a primary school. One day, she comes in the school’s gathering hall and gets slipped on a wet surface on the timber floor. The school tutor, who is considered as the claimant in occupants liability claim, he slips and gets injuries to her left knee require to be miss from work for a few days.
The teacher files occupants liability claim stating that the school was neglectful and breaching its legal duty that wants that an occupier of the building has to take considerable care or visitors that they keep safe in using the building to a moderately sufficient extent.
The claimant can create dispute that the school management was neglectful in not assuring that the surface did not become wet and in case, it become wet in any way, they should place suitable notice board to keep teachers and students alert with the existence of a wet floor and a risk, and they should take considerable action to remove or reduce the possibility of injury.
In this illustration, reason behind the web surface is because there was raining for just a short time earlier then a break time. In proof in disputing the occupants liability claim, the school management shows that there exist a full arrangement prepared to deal in raining days. The defendant maintains that on raining days the teachers and students are not permitted to go to the assembly passage and that staff is taken locations at each side to stop people to entry, and notices are also placed by the doors in view of that.
By bad luck, it become known that on the accident day, there was not any raining at the time of the break however there was raining in the becoming the surface wet for the teachers coming in.
Pupils are informed not to come in the assembly hall in raining days, though they still infrequently do it and it is assumed that the management cannot always stop it as some violations of rules occur.
Saam smith is a blogger who works alongside a team of accident at work compensation solicitors. She has had his work published across a huge range of different platforms and media. She has previously worked as a content writer and a journalist.