Accuracy in Litigated Claims
Narrowing down the focus in Litigated Claims.
1. In litigated matters such as a slip, trip or fall, solicitors will want a well-defined description of the incident.
2. They call this the mechanism of the slip (or trip or fall), they apply the question: “What was the mechanism of the slip (trip or fall)?” to the incident.
3. A good investigator will get this from every witness.
4. Did the Claimant slip forward, sideways or backwards? Did the legs go in front, behind or to the side?
5. Did the Claimant fall forwards, sideways or backwards? Right side or left side?
6. How did the Claimant land? Was it flat on the back, in a sitting position or on the left or right side, or on his / her head?
7. Did any debris, person or defect contribute to the accident? How?
8. What was the Claimant’s demeanour?
9. Lastly and most importantly, an Insured can take precautions against slips, trips and falls. These include paints, hand rails, mats, strips on stairs etc, but in the eyes of a Magistrate these do not necessarily guarantee a “Non slip surface”. Only ever refer to these as “An aid in traction”. It will save you a lecture in court. There is no such thing as a non-slip surface!
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