Slip and Trip Claims – Who is Responsible?

Slip, trip and fall accidents happen every day with some people suffering serious fall injuries as a result. In some circumstances, trips, slips, and falling accidents are indeed, just accidents, with no one to blame for them. However, for a large number of these types of accidents, there will be someone responsible and the injured party will be entitled to make a slip trip, or fall claim. To find out more about slip and trip claims, feel free to contact us to speak to one of our specialist solicitors.

Common Types of Slip and Trip Claims

The most common types of slips and trip claims that we deal with include:

• Trips on a pavement, path, road or public highway.
• Slips on a wet floor in a supermarket.
• Trips on items left on the floor of a shop or supermarket.
• Slips, trips and falls in the workplace.
• Slips or trips in schools.
• Trips in privately owned car parks.

Who is Responsible for my Accident?

In order to be successful in making a claim for compensation, you must be able to assign blame to a specific person or company. In some circumstances, it may be difficult to work out exactly who is responsible for your accident. In most cases, the person who has control of the premises where the accident occurred is usually the person who we would blame for the accident as they have a duty of care to protect all lawful visitors to their premises. We would therefore, usually pursue slip, trip and fall compensation claims against this party.

Public Highway Accidents – If you have an accident on a road, highway, or pavement, the local council may be responsible for your accident. Slip and trip claims against local authorities usually arise as a result of broken or improperly laid paving slabs, pot holes, defective drain covers, or uneven surfaces. The council has a duty to carry our regular inspections and repair all dangerous defects within a reasonable period of time. Accidents which happen in parks and playgrounds may also fall under the local authorities responsibility, unless they are owned or controlled by a private company.

Shop and Supermarket Accidents – Slips and trips are very common in supermarkets and shops. The owner of the shop or supermarket has a duty under the Occupiers Liability Act to ensure that all visitors to their premises are safe. If you have had an accident due to the negligence of the shop/supermarket owner, or a member of staff, you will be entitled to bring a claim against the owners of the premises. Most shops and supermarkets will have public liability insurance in place to cover the costs of any claims arising as a result of their negligence.

Accidents in the Workplace – Slips and trips in the workplace usually arise as a result of the negligence of an employer, or another member of staff. Employers have a duty of care to ensure that all employees are safe in their place of work and they are vicariously liable for accidents which arise as a result of another employees negligence. Employers should have strict procedures and systems in place to ensure the risk of slips and trips are kept to a minimum in the workplace. Claims for any accident in the workplace will be brought against the employer and/or the person in control of the premises at the time of the accident. All employers should have employers liability insurance in place to cover them for any accidents which arise as a result of their negligence.

Accidents at School – Accidents happen in schools every day, with some arising as a result of the negligence of teachers or other members of staff. School claims usually go against the local authority, unless the school is ran by an external company, such as a private school or academy.

Accidents in Privately Owned Car Parks – Pot holes and defects are common causes slips and trips in car parks. When making a claim for an accident in a car park, it is important to find out who the car park is controlled and maintained by in order to pursue a claim for personal injury. In some cases, this may be the local council, however, a large proportion of car parks are owned and maintained by private companies.

What Should I do After a Slip or Trip Accident?

There are a number of steps you should try to take after an slip or trip accident. These include:

• Reporting the accident to the person responsible for your accident – if you accident happens in a shop or supermarket, you should inform a member of staff. Staff should always record details of the incident in their accident book. You are entitled to a copy of the entry which will provide you with proof that the accident occurred.
•  If there were any witnesses around at the time of your accident, find out if they are happy to provide you with their details so we can contact them for witness evidence.
•  Taking photographs of the cause of the accident and your injury if possible.
•  Seeking medical attention for your injury. This is important to manage the pain which can arise from the injury but can also be used as evidence of the injury you sustained.
• Trying to note down exactly what happened as soon as possible so that you do not forget important details of how and when the accident happened.

Slip and Trip Claims Process

Accident compensation claims such as slip and trip claims begin with your instructions to Beacon Law to act on your behalf as your Solicitors. We will discuss the process of making a slip and trip claim, the circumstances of the accident, and we will also take detailed instructions around the injuries you have sustained.

It is important for the claims process that we obtain evidence to strengthen your case. We will assist you in obtaining any medical evidence such as if you attended the GP in relation to your injuries, we would obtain your GP records. We will also locate an independent medical expert who can assess your injuries for the purpose of providing evidence on your compensation claim.

As soon as instructions have been provided and evidence is obtained, we will notify the relevant Defendant of the claim we intend to bring. We will seek disclosure from the Defendant of their records, such as their accident book in the event that the accident you suffered was logged, inspection records, and details of any procedures in place to prevent this type of accident. We will continue to liaise with the Defendant on your behalf and you will have no direct contact with them.

 We will negotiate a settlement with the Defendant and their insurers. We will ensure that within these settlement agreements, both general damages and special damages are included.

 If a settlement cannot be reached, it may be necessary to file the case with the Court who will provide their input and assistance in ensuring the claim is ran efficiently. The Court process can be lengthy and simply notifying the matter with the Court does not always result in attendance at Trial.

Slip and Trip Claims – What Will I Receive?

You may be able to claim both general and special damages. General damages claims include compensation for your injuries and the pain, suffering and loss of amenity which you have sustained as a result. Special damages include the financial strain your injury has had. For example, if you have not been able to work as a result of your accident, then we will be able to make a claim for your loss of earnings.

Furthermore, you will be able to claim back expenses for any medical treatment and travel costs you may incur as a result of the accident, so keep hold of any receipts for your expenses.

The amount of general damages you receive will be based on your pain, suffering and loss of amenity. Valuation of your damages will vary based on the injury sustained. Personal Injury compensation can be anything from £1,000 to £100,000 (or more) depending on the severity of the injuries sustained. It is therefore very difficult to assess the level of damages you may be entitled to without first assessing your injuries and your case in detail. Those with less serious injuries which do not last very long will receive lower levels of compensation than those with more serious, long term injuries.

When Should I Make a Claim?

The time limit for slip and trip claims is usually three years from the date of the accident. This means a claim needs to be brought within three years of the accident happening. This time limit can be varied under certain circumstances. To discuss these circumstances where the time limit for bringing a claim can be extended, please contact Beacon Law. It is always best to initiate your claim as soon as possible so that the time limit does not expire before you have submitted your claim.

Why Choose Beacon Law to Assist with Slip and Trip Claims?

Beacon Law are specialist personal injury Solicitors. We have helped many other clients receive a compensation award for their injuries. We deal with personal injury claims on a daily basis and have vast experience in slip and trip claim cases. Claiming compensation can be a difficult task to take up on your own. It is essential that you have expert Solicitors to guide you through the process.

You can request an initial consultation by completing the online help form and an expert in the field with contact you to discuss your case. Alternatively, you can call us on 0330 1332 857, and we will be happy to assist you with your query.