TRIPPING AND SLIPPING ACCIDENT
TRIP SLIP FALL CLAIM
Many people don’t realise that they can make a compensation claim for injuries sustained from a tripping and slipping accident in a public or private place. Provided that a person, company, local authority or even the government have been negligent then they can be held legally liable for paying compensation for personal injury in a trip, slip or fall claim.
As an example, you may have slipped on a polished, wet or greasy floor of a restaurant, shop or factory whereby the defendant failed in the common law duty of care to ensure the safety of others. In this situation if you have been injured in a tripping or slipping accident you can claim compensation.
It may even be possible to make a trip, slip or fall claim as a result of a tripping and slipping accident on open land away from buildings, pavements or highways. There is a duty placed on the occupier of all land including recreational parks, sports facilities, building sites, open car parks and even waste land to ensure that the public is safe.
Most trip, slip or fall claim settlements originate on the public highways and pavements and the main tripping and slipping accident legislation is contained within the legal milestone known as the Highways Act 1980. This basically says that there is an absolute duty to maintain the highway at public expense.
Pre-dating the Highways Act 1980 and effectively influencing a change in legislation is the landmark case of Griffith vs. Liverpool Corporation 1967. In this case, the courts determined that a highways authority or a local authority had the responsibility of properly maintaining the public highways and pavements in order to protect people from the risk of a tripping and slipping accident. The duty was expressed as follows :-
“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.”
The burden of proof in a trip, slip or fall claim for compensation for personal injury lies with the claimant who has to show on the “balance of probabilities” that there was a risk of injury. The court will not award compensation if the place was found to be reasonably in order and that the accident was a rare or isolated incident. However, if the area is in a dangerous condition and the risk of injury was high, the fact that the relevant authority neglected to correct the risk by repair or maintenance makes them responsible.
In Section 58 of the 1980 Highways Act - which tackles the “statutory defence” - the court will not hold the defendant liable if they took good precautions and had a regime of regular inspections and timely repairs which indicate that they were doing their best to prevent injuries.
Our solicitors operate using the no win no fee scheme. We pay compensation in full with no deductions. Our claims are totally risk free and, win or lose there is no charge. We do not ask you to fund or finance your claim as it proceeds and we only use specialist lawyers who are members of the Law Society panel of personal injury experts.
HELPLINE 0845 890 4092
In the case of CICA claims terms will vary and in the case of MIB claims terms may vary.
