Trip slip fall accidents are all too common in both public and private places. Our personal injury solicitors handle a large volume of slipping & tripping compensation claims. These mishaps can happen anywhere but the main circumstances are in relation to falls due to defects in the road or pavement, slips or falls in shops or offices and other public or private places including trips and slips at work.
The law relating to trip, slip and fall accident compensation claims is complex requiring a solicitor with detailed knowledge and experience. Tripping and slipping injury compensation claims usually fall into two distinct categories being accidents that occur in public places and accidents that occur in private places :-
Most trip, slip and fall accident compensation claims arise as a result of incidents that occur on pavements and walkways and to a lesser extent on the road or highway. The person or body responsible for the upkeep of these places is usually responsible for any defects which cause injury. The leading legal case on tripping and slipping is now over 50 years old and the judge indicated that places where pedestrians walk should not be judged by the standards of a bowling green. In that particular case it was held that a 'depth of trip' i.e. unevenness of about 3cm was sufficient to justify a claim. The law has moved on since then in some respects and the depth of trip that is now actionable depends to a large extent on the location and usage of that particular road or pavement. Whereas an unevenness of several inches may not be sufficient to take action for a trip on a country lane, a depth of trip of less than 2cm may be actionable as a result of a trip in a heavily used town centre shopping precinct. Local Authorities and Highway Authorities who are usually responsible for the upkeep of roads and pavements have a complete defence to an action for personal injury if they can show that they had a satisfactory inspection and maintenance regime. Again there are no hard and fast rules however inspection should take place more often in areas of high footfall and repairs should be carried out within a time that is reasonable dependent on the severity and danger of the particular problem.
Similar rules apply to trip slip fall accident claim settlements in most other public places and the occupier of property can be liable for the negligent action of a third party if they do not have a reasonable and adequate inspection and cleaning or maintenance regime. The classic tripping and slipping claim involves a slip in a supermarket on food, most often fruit, dropped by another customer. The supermarket has a legal duty to ensure that their premises are safe for their customers and are expected to have floor walkers looking for spillages which must then be marked as a danger with a warning sign and cleaned within a reasonable time.
If you have an accident on private property for example in someone's home as a result of negligence on behalf of the occupier, then the occupier or owner of the premises can be liable to pay compensation for injury. Home owners are often insured against these liabilities under their household contents insurance. If you have slipped as a result of something spilled or fell over toys or other objects on the floor or stairs or tripped on the doorstep you may be able to make a trip slip fall accident claim against the insurers.
The general principles outlined above also apply to incidents which occur at work however in addition there is also considerable statutory protection and in certain circumstances there can be a strict liability placed on an employer for injury to his employees. Statute often defines what is and what is not expected of premises and it is often not necessary to prove that an employer has been negligent, merely that he has not obeyed the regulations.
Tripping and slipping compensation claims need specialist advice and it is very important that you contact us without delay. This area of law can be complex and we need to speak with you to obtain the details of what happened. Our specialist personal injury solicitors are experts in trip slip & fall compensation claims and will assess the matter without cost to you. If you would like free legal advice with no further obligation from a personal injury lawyer, just use the helpline or email our offices. We operate the no win no fee scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client.Solicitors Helpline: ☎ 0844 332 0859