Claim case sharing
Slip and fall injuries
Ms. Chan is a regular customer of a restaurant which has a bar area. She has alleged that she injured her ankle when she tried to sit on a bar stool after returning from the washroom at around 1am. While attempting to sit down, she slipped and fell when placing her foot on the footrest of the bar stool. Ms. Chan did not complain to the staff at the scene at the time, but after about a month, she complained to the restaurant owner that she had injured her ankle in the bar area a month earlier and that she intended to make a claim.
Will Ms. Chan's claim from the restaurant owner be successful?
If Ms. Chan had raised a complaint about the slippery conditions that caused her to fall and injure her ankle immediately after the accident happened, and also provided details and evidence of the slippery substance and/or witnesses to her allegation of the condition of the bar floor, as well as and if all these evidences revealed that the restaurant owner knew the risks of the dangerous conditions that existed in the restaurant but was failed to correct them and give sufficient warning to his/her customers, it is most probable that Ms. Chan could have proved liability against the restaurant owner. as it was the restaurant owner's negligence lead directly to her injury and he or his insurance company would be liable when she made a claim.
Unfortunately, Ms. Chan did not complain about the slippery conditions immediately after her accident. In addition to her late complaint and the lack of independent witness(es) to support her allegation, as well as her consumption of alcohol, it is difficult to prove the cause(s) of the accident and who should bear the liability.
Accidents do happen. Although you may be entitled to compensation for your injuries, this may not be the case if your evidence and proof are not enough to support your claim. Therefore, it is important to have sufficient insurance protection, such as medical or personal accident insurance. Even if the property owner or occupier is not liable for a claim concerning your injury, you can still enjoy the benefits provided by your own medical or personal accident insurance. If you are property owners or occupiers, you are strongly advised to take out public liability insurance to cover your legal liability towards the general public.
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