Taking reasonable care in compensation law

Date: Oct 12, 2016

When an injury occurs, sometimes it’s easier to blame others than it is to take responsibility. However, this does not exclude you from possible compensation if the other party is negligent.

In compensation law, one of the main tasks of a judge is to decide whether an injured party took reasonable care when approaching a hazard. If you have been injured and you do believe it’s the result of another’s negligence, make sure you talk to an experienced compensation lawyer. With their advice, you can understand if your slip and trip claim is viable.

Church fall leads to injury and claim

A recent case has highlighted the potential for compensation even if a party did not take reasonable care.

A women was attending a bible study class at the church’s premises and fell while descending some internal stairs. As a result of the fall she suffered personal injuries.

In 2016 she began proceedings against the church, claiming that it was negligent for her injuries. The focus of the case was a broken nose tile that was not fixed by the church, even though it was a trip and fall hazard.

The court found that both parties were liable for the injuries that occurred. The church was negligent in its failure to repair the tiles, while the plaintiff did not take the care she needed to when descending the stairs.

Reasonable care in the court of law

The case highlights the responsibility a person has to take; reasonable care when navigating the world we live in. The court is tasked with discovering if the injured party took enough care when descending the stairs.

In this case, the judge concluded that negligence was shared as the broken tile could have been avoided if proper observations were made. Having said this, the court still found the church liable for injuries because it did not fix the hazard that caused the fall.

The takeaway from the case is that even if you are partly to blame, you can still receive compensation to cover the injuries you sustain. Whether it is medical bills or a loss of income, injuries can have a major impact on both your standard of living as well as your quality of life.

In response, all injured parties should talk to a compensation lawyer to ensure they have the means they need.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.