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4. I was injured after a "slip and fall" in a restaurant, and I want to sue that restaurant. What are the factors that will probably affect my claim?

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In recent years, there are several reported cases on customers "slip and fall" in restaurants, especially inside or around the restaurants' washrooms. It appears from these cases that the courts take into account, amongst other things, the following factors in their decisions:

  • the place where the accident occurred
  • the cause of the accident
  • the condition of the accident scene:
    • Was there oil patch/stains or other slippery substance?
    • Was the floor unusually wet (e.g. someone split some drinks, or an amah was cleaning the toilet with water)?
    • Was there adequate lighting?
  • the physical condition of the plaintiff (the victim)
    • Was the plaintiff sober or did the plaintiff consume an excessive amount of alcohol?
    • Was the plaintiff unwell?
    • Was the plaintiff walking at normal pace?
    • Whether or not the footwear of the plaintiff was suitable for the usual conditions of the floor and/or toilet
  • warning of the floor condition
    • Was there adequate warning (e.g. warning sign)?
    • Did the defendant fence off the area?
    • Did the defendant maintain a proper and adequate inspection system?
  • medical report on the plaintiff
  • report from the police

The above is not an exhaustive list of factors. You should consult a lawyer before you commence legal action.