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Injury

A UK tripping and slipping claim is in some respects different to normal accident cases because of the existence of what has become known as the ‘statutory defence’ which in conjunction with the relevant case law places these claims in a class of their own. The law in the UK is generally comprised of two elements being the 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.

The law governing a tripping and slipping claim is a complex mixture of these two items and in general terms the depth of unevenness necessary to facilitate a claim has been generally accepted since it was determined by case law in the nineteen fifties as a little over one inch however other case law has since modified this depth to a greater or lesser degree dependent on 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.

A tripping and slipping claim often arises on private premises particularly in supermarkets as a result of items being left on the floor as a result of 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.

Once a tripping and slipping claim has been launched against a property owner for failing to keep their premises up to scratch 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.

Accident Lawyer UK is a network of specialist personal injury solicitors who deal with their cases on a risk free no win no fee basis and 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, do yourself justice and either use the helpline or complete the contact form and we will immediately put you in touch with a specialist solicitor who deals with your type of claim. If after talking to that solicitor you decide to proceed no further you will not be charged for any advice.