Slip testing legal update

Slip and fall risk: using the pendulum test

The test helps identify risk and illuminate a legal problem. The pendulum test has a history in legal cases having been accepted in, for example, the Supreme Courts of NSW, Queensland and ACT, County Court Victoria and in other places (see some cases below). The pendulum test is part of what needs to be done to understand slip risk. There are many factors. These include the physical context such as layout, lighting, surface changes, and the behavioral context such as gait, speed, and familiarity.

Legal cases using the pendulum test

Some legal cases where the pendulum test has been used are listed below. These include falls indoor and outdoor, in public and private places, workplaces and on a variety of surfaces. The test could potentially be used on:

Tiles

Timber

Concrete

Steel

Painted surfaces

Vinyl

Stone, etc