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Injury

A UK tripping and slipping claim is different to normal accident cases because of the existence of the ‘statutory defence’ which in conjunction with case law places these claims in a class of their own. Accident law in the UK is generally comprised of two elements being case law that has built up over the centuries which represents the wisdom of senior judges and is known as the common law together with legislation that has been passed by act of parliament in the form of statutes that often over-ride the common law.

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Statutory Defence

Once a tripping and slipping claim has been launched against a property owner they will often invoke the ‘statutory defence’ which if successful will prevent liability from being established. The statutory defence rests on the proposed defendant’s ability to show by reference to written records that there is a reasonable inspection and rectification regime applicable to the location of the incident. To succeed in this defence it is necessary to show that the location has been inspected regularly, which in the case of highways and pavements may be at many months interval whereas in a busy supermarket it may be every few minutes and thereafter it is necessary to show that a reasonable system is in place to remedy the defect as soon as is reasonably possible.

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Depth of Trip

The law governing a tripping and slipping claim is often complex and the depth of unevenness necessary to facilitate a compensation claim was settled by case law as a little over one inch however this 'depth of trip' has since been modified to a greater or lesser degree dependent on the 'footfall' being the number of pedestrians visiting the location. In general terms, in a suburban location, claims should be considered as viable if the depth of trip is about one inch. In addition to depth of trip problems there are also many successful claims arising out of ‘rocking’ paving slabs which can be very dangerous as the problem is concealed until such time as the victim steps on the slab. Claims for sloping or uneven tarmac are more difficult to prove unless there is a fracture in the tarmac causing a clear edge against which the trip occurred. The courts have indicated on many occasions that a local authority responsible for a highway or pavement does not have to provide a surface akin to a bowling green.

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Inspection Regime

A tripping and slipping claim often arises on private premises particularly in supermarkets as a result of items being left on the floor due to another shoppers negligence or as a result of spills or leaks from inadequate packaging. In most cases the supermarket will be liable for any injury caused to its customers unless it can show that it has acted reasonably by imposing a rigorous inspection and cleansing regime. Most of the larger supermarket chains do have such a regime and also employ specific cleaning staff on a full time basis during all opening hours.

SOLICITORS HELPLINE 0845 890 4092

Specialist Personal Injury Solicitors

Our specialist personal injury solicitors deal with accident cases on a risk free no win no fee basis. Compensation is paid in full. Win or lose there is no charge. If you have been injured in an accident within the last three years either use the helpline or complete the contact form to speak to an accident solicitor. If after talking to that solicitor you decide to proceed no further, there is no further obligation and you will not be charged for any advice.