Slipping and tripping claim
Slipping and tripping claim
Tripping and slipping accident claims are quite common as members of the public trip and fall on various substances on a regular basis. In order to make a successful claim the claimant has to prove that someone else was legally responsible for the accident occurring. If the accident occurred in someone else's premises the occupier of the property could be held liable for not keeping the premises in reasonable condition. The main question normally asked is 'what is a reasonable condition?'. The notion of 'reasonableness' will depend on on a number of factors. In order to escape liability, the defendant will have to invoke statutory defence, by proving in 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 on 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."
Regular inspections need to be carried out by the highway and local authorities to ensure that road surfaces are kept in reasonable condition and that they do not pose a safety hazard to pedestrians.
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 happen in other public places
In some cases the public place accident can occur in a shop, supermarket, or a place of entertainment. In these circumstances the occupiers of the building are under a duty of care to ensure that members of the public remain safe whilst on their property. The general surroundings of the premises should be secure and not pose a danger to members of the public. Accidents which occur in supermarkets are quite common due to people falling or tripping on some form of slippage. The defendants will have to provide evidence that they had reasonable protection in place when the accident occurred.
Key points to look out for
- Write down details of where the accident happened
- Make a note of any relevant names, addresses, and telephone numbers of witnesses
- Seek medical attention as soon as possible for any injuries suffered no matter how minor
- Contact the relevant authority giving them a report with details of the defect/accident
- Take photographs of the shoes and clothes following the accident
- Any physical injuries, such as cuts or bruises should also be photographed
Author: Ayesha Salim is a law graduate who works fulltime with the UK Lawyers Network researching and writing about legal topics
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