Trips and Slips
(for trips in premises like supermarkets click here)
If you have been unfortunate enough to be injured in a tripping or slipping accident you may be able to make a claim for compensation. People who have a fall which results in an injury sometimes complain that the ordeal has made them feel less confident when they are out and about. We believe that people should be compensated when they have an accident. If a local council has left a pavement unsafe, then they should have to pay the victim of that negligence, and we help our clients to achieve that result.
We have explained the basic principles of this type of injury claim below. If you have any further questions, call us on 0808 155 4870 for a no-obligation chat.
What is a tripping claim?
Tripping claims are most commonly made against highway authorities as a result of uneven pavements. Other claims under this category may relate to an accident in swimming baths, or in a school playground.
Can I make a claim?
There are strict time limits within which a personal injury claim must be made. Generally speaking, following a trip or slip accident you would be expected to instruct your accident solicitor and begin your claim within three years of the date of the accident. (See our section on time limits).
The Highway Authorities' duty of care
The Highway authorities have a duty to "maintain" the public highway. This often includes pavements,
Did the Highway Authority breach their duty to you?
It would be impossible for the local highway authority to employ somebody to check every inch of highway on a daily basis. For this reason, it can be difficult for a personal injury solicitor to show that the highway authority is in breach of their duty.
The highway authority will be measured against the standard of whether it was reasonable that if someone noticed the defect they would consider it to be dangerous.
In considering whether the highway authority has breached its duty to maintain the highway the following points would be considered (the list is not exhaustive):
- The type of highway
- The amount of traffic expected on a highway (for example, if the road is a main high street, the highway authority would be expected to repair defects within a quicker response time).
- Whether the authority could have been expected to know about the danger
- If the defect could not be remedied immediately, what had been done to warn pedestrians abut its existence - for example large warning signs?
Was your injury caused by the Highway Authority's breach of duty?
The injured person has to establish the link between the accident and their injury. The accident doesn't have to be the only cause of the injury. In fact, it may be that a pre-existing injury has been made worse because of the slip or trip.
Sometimes claims fall at this final hurdle, as the highway authority accepts that they have failed to comply with their statutory duty but will not accept that the accident has brought about the injury complained of.
To build a successful case it is useful to be able to show that you went for medical attention following your injury. If medication/treatment is required, we would recommend that you retain receipts because they will they help support the fact that your injury was caused or made worse by your accident. You may also be able to reclaim your expenses if your claim is successful.
Sometimes a HIghway Authority will accept that they are in breach of their duty but will not accept that their actions were responsible for your injury. This makes it important to take proper advice from a personal injury solicitor as soon as possible if you have an accident.
If you wish to speak to one of our specialist personal injury solicitors, please contact us on freephone 0808 155 4870. We have offices in London, Manchester & Birmingham and operate nationally.