How To Make A Tripping And Slipping Claim
In order to make a tripping and slipping accident claim it must be proven that someone else was legally responsible for the accident occurring. If the accident occurred in a shop or a supermarket, the occupier of the property is responsible for keeping the premises in reasonable condition. The main question normally asked is 'what is a reasonable condition?' This will largely depend on a number of factors. The defendant can invoke statutory defence, if they can prove by reference to written records that they have a regular inspection regime in place, and have responsibly kept the location where the accident happened in reasonable condition.
The condition of the premises where the accident occurred will be analysed for evidence. In order for the personal injury claim to be successful, it will have to be shown that the accident was caused by the condition of the premises.
Accidents that occur in the street
According to Section 41 (1) of the Highways Act 1980 there is a direct duty to maintain the highway at Public expense. This was summarised in the case of Griffith v Liverpool Corporation 1967 where it followed:
"The duty at common law to maintain, which includes a duty to repair a highway, was not based in negligence but in nuisance. It was an absolute duty to maintain, not merely a duty to take reasonable care to maintain, and a statutory duty which replaced it will also be absolute."
This means that the highway and local authorities have to ensure that inspections are carried out regularly on road surfaces, and that they are kept in a reasonable condition.
In bringing the personal injury claim, the claimant will have to demonstrate that the part of the road where the accident happened was not reasonably safe, and that it was the defect in the road which caused the accident.
Accidents that occur in other public places
If the accident occurs in another public place such as a supermarket, shop, or a place of entertainment, the occupiers of the building are under a duty to ensure that members of the public remain safe whilst on their property. The occupiers of the building should ensure that fittings and fixtures are secure and do not pose certain health hazards. Accidents occurring in supermarkets are quite common due to people tripping or falling on some form of slippage. Again the chances of the claim succeeding will depend on deciding what is counted as 'reasonable condition'. The defendants will have to prove that they had reasonable protection in place when the accident occurred.
Important points to consider
* Write down where the accident occurred
* Write down the names, addresses, and telephone numbers of any witnesses
* Seek medical attention from a doctor for any injuries suffered no matter how insignificant
* Contact the relevant authority giving them a report with details of the defect/accident
* Photograph the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident
* Any physical injuries should also be photographed
The condition of the premises where the accident occurred will be analysed for evidence. In order for the personal injury claim to be successful, it will have to be shown that the accident was caused by the condition of the premises.
Accidents that occur in the street
According to Section 41 (1) of the Highways Act 1980 there is a direct duty to maintain the highway at Public expense. This was summarised in the case of Griffith v Liverpool Corporation 1967 where it followed:
"The duty at common law to maintain, which includes a duty to repair a highway, was not based in negligence but in nuisance. It was an absolute duty to maintain, not merely a duty to take reasonable care to maintain, and a statutory duty which replaced it will also be absolute."
This means that the highway and local authorities have to ensure that inspections are carried out regularly on road surfaces, and that they are kept in a reasonable condition.
In bringing the personal injury claim, the claimant will have to demonstrate that the part of the road where the accident happened was not reasonably safe, and that it was the defect in the road which caused the accident.
Accidents that occur in other public places
If the accident occurs in another public place such as a supermarket, shop, or a place of entertainment, the occupiers of the building are under a duty to ensure that members of the public remain safe whilst on their property. The occupiers of the building should ensure that fittings and fixtures are secure and do not pose certain health hazards. Accidents occurring in supermarkets are quite common due to people tripping or falling on some form of slippage. Again the chances of the claim succeeding will depend on deciding what is counted as 'reasonable condition'. The defendants will have to prove that they had reasonable protection in place when the accident occurred.
Important points to consider
* Write down where the accident occurred
* Write down the names, addresses, and telephone numbers of any witnesses
* Seek medical attention from a doctor for any injuries suffered no matter how insignificant
* Contact the relevant authority giving them a report with details of the defect/accident
* Photograph the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident
* Any physical injuries should also be photographed
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