What is slip and fall liability?
Slip and fall accidents happen each and every day and can occur in almost any location from a wet floor in a restaurant to a dangerously unstable stair in a stairwell. Not every situation gives rise to legal liability but plenty of slip and falls are caused due to negligence and claims are settled on this basis.
Proving slip and fall liability
We all need to assume a certain amount of responsibility for our actions and be aware of our surroundings. It would be unreasonable to point the finger of blame at the council if one twisted ones ankle by stepping awkwardly on a drainage grate against a kerb. However it is another matter to slip or fall because of a poorly maintained kerbstone which had become loose and unstable.
How is slip and fall liability determined?
Slip and fall liability is determined if one or more of the following can be attributed.
- The owner of the premises or a person in the employment of the owner caused the spill, worn or torn area, or slippery/greasy or dangerous surface or item to be underfoot.
- The owner of the premises or a person in the employment of the owner knew about the spillage, worn or torn area, or slippery/greasy or dangerous surface or item but did nothing to rectify it.
- The owner of the premises or a person in the employment of the owner should have known about the spillage, worn or torn area, or slippery/greasy or dangerous surface or item because a ‘reasonable’ owner or employee taking care of the property would have discovered and removed/repaired/resolved it.
What constitutes as reasonable?
In proving an owner’s liability for your slip and fall accident it is worth considering the following:
- If your slip or fall was caused by slipping or falling on a torn or bulging area of carpet or a loose area of paving then it would be reasonable to assume that the owner or employee should have known about it.
- Can the owner prove that they have a regular procedure for property maintenance and a repair program or schedule of works.
- Why was there not a simple barrier or hazard warning in place to alert people to the hazard?
- Did poor or broken lighting contribute to the accident?
If after considering these factors you believe that slip and fall liability lies with another and that your accident could have been prevented then it is important that you get started straight away with your injury claim as you only have three years to reach a settlement.
Who shall I call?
Don’t delay and call Accident Advice Helpline today. With in excess of fifteen years’ experience assisting with slip and fall liability injury claims Accident Advice Helpline are the UK’s foremost personal injury compensation law firm. Our lines are always open and calls from landlines are free so call us now on 0800 689 0500 or 0333 500 0993 or TEXT ‘claim365’ to 88010.
Date Published: 30th May 2014
Author: Emma Newman