If your slip, trip or fall occurred on someone’s property, then the property’s owner may be held responsible for your injuries. Property owners are required to keep their premises safe and clean, especially if those premises are open to the public. The owners are further required to carry out regular maintenance to ensure that their premises are risk-free and that those who use them have safe passage.
Dangerous conditions such as wet or slippery floors, narrow stairs, broken pathways or poor lighting can all contribute to someone getting hurt. Accidents that occur in these hazardous conditions may result in a variety of injuries ranging from sprains and fractures to more serious head or back injuries.
If you sustained injuries caused by a slip, trip or fall that was not your fault then you can claim personal injury compensation from the property owner. Since local authorities and business owners are often the defendants in such claims, they are required to have public liability insurance to cater for the compensation.
Proving liability for a slip, trip or fall
In order to make a successful claim for compensation, you have to prove that the property owner was responsible for causing injury. You have to be sure that the accident was not caused by your own carelessness. For instance, if the accident happened because you were distracted and not paying attention to where you were going, then you might not be able to claim compensation. You also require a legitimate reason for being where you were at the time of the accident.
How is a slip, trip or fall case proven?
As the claimant, you need to prove that the property owner knew about the dangerous condition that caused your accident. For you to do this, you need to show that:
- The premises owner or an employee created the hazardous condition.
- The owner or employee knew that the dangerous condition existed but neglected to correct it.
- The condition existed long enough for the owner or an employee to have discovered it and taken measures to remove or repair it.
What to do after a slip, trip or fall
In order to aid your claim against the owner of the premises or local council, you should write down all incidents relating to the accident as soon as possible. While this might be the last thing on your mind at the time, it might prove useful when claiming compensation for your injuries. Try and remember everything that happened before, during and after the slip, trip or fall. Relevant information includes the time and place where the accident happened, the weather conditions, any witnesses present as well as the injuries you sustained.
If you are unsure who bears responsibility for your accident and you wish to claim personal injury compensation, then do not hesitate to contact us at Accident Advice Helpline via our free 24-hour helpline on 0800 689 0500. We will also introduce you to one of our excellent solicitors who has ample experience in dealing with compensation claims involving slips, trips and falls.
Date Published: September 24, 2013
Author: David Brown