Driving in the rain is a known hazardous experience. It is so ingrained to take precautions that many of us unconsciously switch from the 2 to the 4 second rule. But when it comes to walking, many individuals are unaware of the dangers wet surfaces can present to their wellbeing.
While you can seek damages and compensation through a public liability injury claim, it is important to understand the risks and avoid the hazards.
Wet tiles lead to major injuries
In a recent case in front of the Supreme Court of New South Wales, a plaintiff has sought compensation for injuries sustained slipping and falling on wet tiles.
Back in 2011, the plaintiff was walking at the rear of the Busby Shopping Village when he slipped on some tiles, which were wet at the time due to the rain. When he fell, the plaintiff landed on his back and sustained injuries to his spine. The plaintiff claimed his injuries were permanent and as a result, is unable to work in the future.
The plaintiff argued that the defendant, who occupies the shopping centre, was negligent. The judge believed that the defendant owed the plaintiff a duty of care to avoid foreseeable risk of injury and as a result, the court found the defendant had breached its duty of care by failing to treat the tiles with a non-slip coating.
Contributory negligence due to shoes
Just like driving in the rain, having traction with the ground can ensure you do not have an accident. In many slip and fall cases, plaintiffs are wearing shoes with very little tread or flat bottoms.
In this case, the judge found that the risk of slipping on the tiles was an obvious one, making the plaintiff's choice of shoes a key part in the decision-making process. The lack of grip on the plaintiff's shoes led to a decision to strike 10 per cent of the damages attained, as the court believed the plaintiff was 10 per cent negligent.
If you are walking in the rain, it is important to ensure you have the right footwear on, with enough grip. However, stores and businesses owe their customers and the public a duty of care. If you have been injured following a fall and you feel it was caused by another party, it is important to talk to a public liability lawyer today.